Children’s Hearings (Scotland) Act 2011

Section 28B – Children’s legal aid

281. This section defines the scope of children’s legal aid. Subsection (2) defines it as representation (and such assistance as is usually incidental to representation) by a solicitor and, where appropriate, by counsel in respect of the proceedings specified in subsection (3). The proceedings specified in subsection (3) are:

(a)

proceedings before a sheriff for variation or termination of a child protection order;

(b)

proceedings before a Children’s Hearing or Pre-Hearing Panel—

(i)

following the making of a child protection order;

(ii)

where the hearing or Pre-Hearing Panel considers it might be necessary to make a compulsory supervision order including a secure accommodation authorisation;

(iii)

following the arrest of a child and his or her detention in a place of safety; and

(c)

proceedings before a sheriff, the sheriff principal or the Court of Session in connection with a Children’s Hearing.

282. Subsection (4) defines, by reference to this Act, the terms “compulsory supervision order”, “Pre-Hearing Panel” and “secure accommodation authorisation” for the purposes of the 1986 Act as amended.