Children's Hearings (Scotland) Act 2011

Ground accepted before application determined S

105 Application by virtue of section 93: ground accepted before determination S

(1) This section applies where—

(a) an application is made to the sheriff by virtue of section 93(2)(a) in relation to a ground, and

(b) before the application is determined, the ground is accepted by the child and each relevant person in relation to the child who is present at the hearing before the sheriff.

[F1 (1A) The reference in subsection (1)(b) to the ground being accepted is, in relation to a ground which was not accepted by virtue of section 90(1B), a reference to all of the supporting facts in relation to the ground being accepted.]

(2) Unless the sheriff is satisfied in all the circumstances that evidence in relation to the ground should be heard, the sheriff must—

(a) dispense with hearing such evidence, and

(b) determine that the ground is established.

Textual Amendments

F1 S. 105(1A) inserted (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(5); S.S.I. 2014/353, art. 2(2)(3), Sch.

Commencement Information

I1 S. 105 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

106 Application by virtue of section 94: ground accepted by relevant person before determination S

(1) This section applies where—

(a) an application to the sheriff is made by virtue of section 94(2)(a) in relation to a ground on the basis that the child would not understand, or has not understood, an explanation given in compliance with section 90(1)(a), and

(b) before the application is determined the ground is accepted by each relevant person in relation to the child who is present at the hearing before the sheriff.

[F2 (1A) The reference in subsection (1)(b) to the ground being accepted is, in relation to a ground which was not accepted by virtue of section 90(1B), a reference to all of the supporting facts in relation to the ground being accepted.]

(2) The sheriff may determine the application without a hearing unless—

(a) a person mentioned in subsection (3) requests that a hearing be held, or

(b) the sheriff considers that it would not be appropriate to determine the application without a hearing.

(3) The persons are—

(a) the child,

(b) a relevant person in relation to the child,

(c) if a safeguarder has been appointed, the safeguarder,

(d) the Principal Reporter.

(4) If the sheriff determines the application without a hearing, the sheriff must do so before the expiry of the period of 7 days beginning with the day on which the application is made.

Textual Amendments

F2 S. 106(1A) inserted (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(6); S.S.I. 2014/353, art. 2(2)(3), Sch.

Commencement Information

I2 S. 106 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3