Part 18

Miscellaneous

Children's hearings: procedural rules

Children's hearings: procedural rules
177
1
The Scottish Ministers may make rules about the procedure relating to children's hearings.
2
Rules may in particular make provision for or in connection with—
a
specifying matters that may be determined by pre-hearing panels,
b
constituting children's hearings,
c
arranging children's hearings,
d
notifying persons about children's hearings,
e
attendance of persons at children's hearings,
f
specifying circumstances in which persons may be excused from attending children's hearings,
g
specifying circumstances in which persons may be excluded from children's hearings,
h
obtaining the views of the child to whom a children's hearing relates,
i
provision of specified documents to—
i
members of children's hearings,
ii
the child to whom a children's hearing relates,
iii
relevant persons in relation to the child to whom a children's hearing relates,
iv
any other specified persons,
j
withholding of specified documents from persons mentioned in paragraph (i),
k
prescribing the form of the statement of grounds,
l
the recording and transmission of information,
m
representation of persons at children's hearings,
n
payment of expenses,
o
appeals.
3
In making rules in pursuance of subsection (2)(i)(i), the Scottish Ministers must ensure that any views expressed by the child to whom a children's hearing relates are reflected in a specified document.
4
Rules containing provision of the type mentioned in subsection (2)(a), (e), (f), (g), (j) or (m) are subject to the affirmative procedure.
5
In this section—
- “children's hearing” includes pre-hearing panel,
- “specified” means specified in the rules.

Disclosure of information

Children's hearing: disclosure of information
178
1
A children's hearing need not disclose to a person any information about the child to whom the hearing relates or about the child's case if disclosure of that information to that person would be likely to cause significant harm to the child.
2
Subsection (1) applies despite any requirement under an enactment (including this Act and subordinate legislation made under it) or rule of law for the children's hearing—
a
to give the person an explanation of what has taken place at proceedings before the hearing, or
b
to provide the person with—
i
information about the child or the child's case, or
ii
reasons for a decision made by the hearing.

Sharing of information: prosecution
179
1
This section applies where—
a
by virtue of this Act, the Principal Reporter, a children's hearing or the sheriff has determined, is determining or is to determine any matter relating to a child,
b
criminal proceedings have been commenced against an accused,
c
the proceedings have not yet been concluded, and
d
the child is connected in any way with the circumstances that gave rise to the proceedings, the accused or any other person connected in any way with those circumstances.
2
The Principal Reporter must make available to the Crown Office and Procurator Fiscal Service any information held by the Principal Reporter relating to the prosecution which the Service requests for the purpose of—
a
the prevention or detection of crime, or
b
the apprehension or prosecution of offenders.

Request for information by person affected by child's offence or behaviour
179A
1
This section applies—
a
where the Principal Reporter is required to make a determination in relation to a child under section 66(2) and has information which suggests that—
i
the child has committed an offence, or
ii
the child, while under 12 years of age, has acted or behaved in a way that falls within subsection (2), or
b
where, by virtue of section 71(3)(b) or 130, the Principal Reporter is required to arrange a children's hearing in relation to a child who has pled guilty to, or been found guilty of, an offence.
2
Action or behaviour falls within this subsection if it—
a
is—
i
physically violent,
ii
sexually violent or sexually coercive, or
iii
dangerous, threatening or abusive, and
b
causes harm to another person.
3
A person mentioned in subsection (4) may request the Principal Reporter to provide the person with information about the action taken in relation to the offence or, as the case may be, the action or behaviour mentioned in subsection (1)(a)(ii).
4
The persons are—
a
any person against whom the offence mentioned in subsection (1)(a)(i) or (b) appears to have been committed,
b
any person who appears to have been harmed by the action or behaviour mentioned in subsection (1)(a)(ii),
c
where a person mentioned in paragraph (a) or (b) is a child, any relevant person in relation to that child,
d
any other person or class of persons the Scottish Ministers may specify by regulations (subject to any conditions specified in the regulations).
5
The Principal Reporter may inform any person mentioned in subsection (4)(a), (b) or (c) of the person's right to request information under subsection (3).
6
Subsection (7) applies where—
a
the Principal Reporter is required under section 68(3)(a) to provide information to a person, and
b
that person is entitled to request information under subsection (3).
7
A request made by the person for information under subsection (3) is to be treated as relating only to information which the Principal Reporter is not required to provide to the person under section 68(3)(a).

Information to which section 179A applies
179B
1
The information about the action taken in relation to the offence or, as the case may be, the behaviour mentioned in subsection (1)(a)(ii) of section 179A which may be requested under subsection (3) of that section is—
a
in a case mentioned in section 179A(1)(a), information as to whether or not a children's hearing required to be arranged under section 69(2) for the purpose of deciding whether a compulsory supervision order should be made in respect of the child and—
i
where such a hearing did not require to be arranged, the information mentioned in subsection (2)(a),
ii
where such a hearing did require to be arranged, the information mentioned in subsection (2)(b),
b
in a case mentioned in section 179A(1)(b), the information mentioned in subsection (2)(b).
2
The information is—
a
information as to—
i
what determination the Principal Reporter made under section 66(2), and
ii
any other action taken by the Principal Reporter (under section 68(5) or otherwise),
b
information as to—
i
whether a compulsory supervision order has been made in respect of the child or, as the case may be, whether a compulsory supervision order which is already in force in respect of the child has been terminated, varied or continued, or
ii
how the referral to the children's hearing was otherwise discharged.

Decision by Principal Reporter following request under section 179A
179C
1
The Principal Reporter may comply with a request made under section 179A(3) only if satisfied—
a
that the provision of the information would not be detrimental to the best interests of the child mentioned in section 179A(1) (or any other child), and
b
having regard to the factors mentioned in subsection (2), that it is appropriate in the circumstances of the case to provide the information.
2
The factors are—
a
the age of the child mentioned in section 179A(1),
b
the seriousness of the offence or, as the case may be, the action or behaviour mentioned in section 179A(1)(a)(ii),
c
the circumstances in which the offence or action or behaviour took place,
d
the effect that the offence or the action or behaviour has had on the person mentioned in section 179A(4)(a) or, as the case may be, section 179A(4)(b), and
e
such other factors as the Principal Reporter considers appropriate.
3
The Principal Reporter must not, in providing information under subsection (1), provide any more information than is necessary to inform the person who made the request of the action taken in relation to the offence or, as the case may be, the action or behaviour mentioned in section 179A(1)(a)(ii).

Support for persons affected by child’s offence or behaviour
179D
1
The Scottish Ministers must, by regulations, make provision for or in connection with the provision of support services to the persons mentioned in subsection (2).
2
Those persons are—
a
persons against whom an offence mentioned in section 179A(1)(a)(i) or (b) appears to have been committed,
b
persons who appear to have been harmed by the action or behaviour of a child as mentioned in section 179A(1)(a)(ii),
c
where persons mentioned in paragraph (a) or (b) are children, relevant persons in relation to those children,
d
any other persons or classes of person the Scottish Ministers may specify in the regulations (subject to any conditions specified in the regulations).
3
Regulations under subsection (1) must, for the purposes of the provision of support services to persons mentioned in subsection (2), establish or specify a person as a single point of contact for those persons.
4
Regulations under subsection (1) may in particular include provision about—
a
the support services that may be provided,
b
the training and qualifications of the person providing support services,
c
the provision of information (including relevant information) to and by the person providing support services, including that information is to be provided in a way that is accessible to the person receiving it,
d
the sharing of information with the person providing support services by other persons, including the National Convener, the Principal Reporter, CHS, SCRA, the chief constable of the Police Service of Scotland and local authorities,
e
the payment of expenses, fees and allowances to the person providing support services (including who is to be responsible for making such payments).
5
Regulations under subsection (1) may also modify sections 179A to 179C to provide for—
a
information mentioned in section 179B(1) to be provided to persons mentioned in subsection (2) without the need for those persons to make a request under section 179A(3) (including the circumstances in which such persons may opt out of receiving such information),
b
such information to be given by the Principal Reporter to the person providing support services (either at the same time as, or instead of, to persons mentioned in subsection (2)),
c
the circumstances in which such information is to be provided to persons mentioned in subsection (2) by the person providing support services rather than by the Principal Reporter.
6
Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—
a
the Principal Reporter,
b
the National Convener,
c
persons who are providing support services to persons in relation to offences perpetrated against or in respect of those persons,
d
such other persons as the Scottish Ministers consider appropriate.
7
Regulations under subsection (1) are subject to the affirmative procedure.
8
In this section—
- “
relevant information
” includes—
  1. information about—
    1. the children’s hearings system (including about the interaction of that system with the criminal justice system),
    2. the action that can be taken by a children’s hearing (including about the measures that can be included in a compulsory supervision order),
    3. the process for reviewing actions taken by a children’s hearing (including the process for reviewing and enforcing compulsory supervision orders), and
  2. where regulations under subsection (1) make provision mentioned in subsection (5)(b) or (c), information requested under section 179A(3),
- “
support services
” (other than in subsection (6)(c)) includes the provision of relevant information to persons mentioned in subsection (2) and otherwise has the meaning given in regulations under subsection (1).

Sharing of information: panel members
180
1
A local authority must comply with a request from the National Convener to provide to the National Convener information about the implementation of compulsory supervision orders by the authority.
2
The National Convener may disclose information provided by a local authority under subsection (1) to members of the Children's Panel.

Implementation of compulsory supervision orders: annual report

Implementation of compulsory supervision orders: annual report
181
1
The National Convener must, as soon as is reasonably practicable after the end of each financial year, prepare and submit to the Scottish Ministers a report about implementation of compulsory supervision orders during the year—
a
in Scotland as a whole, and
b
in each local authority area.
2
The National Convener must give a copy of the report to each member of the Children's Panel.
3
The Scottish Ministers must lay the report before the Scottish Parliament.
4
For the purposes of preparing the report, the National Convener may require each local authority to provide to the National Convener for each financial year—
a
information about—
i
the number of compulsory supervision orders for which the authority is the implementation authority,
ii
changes in the circumstances that led to the making of the orders,
iii
the ways in which the overall wellbeing of children who are subject to the orders has been affected by them, and
b
such other information relating to the implementation of the orders as the National Convener may require.
5
Information provided under subsection (4) must not identify (or enable the identification of) a particular child.
6
In this section, “financial year” has the meaning given by paragraph 24(3) of schedule 1.

Publishing restrictions

Publishing restrictions
182
1
A person must not publish protected information if the publication of the information is intended, or is likely, to identify—
a
a child mentioned in the protected information, or
b
an address or school as being that of such a child.
2
A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
3
It is a defence for a person (“P”) charged with a contravention of subsection (1) to show that P did not know or have reason to suspect that the publication of the protected information was likely to identify a child mentioned in the protected information, or, as the case may be, an address or school of such a child.
4
In relation to proceedings before a children's hearing, the Scottish Ministers may in the interests of justice—
a
dispense with the prohibition in subsection (1), or
b
relax it to such extent as they consider appropriate.
5
In relation to proceedings before the sheriff under Part 10 or 15, the sheriff may in the interests of justice—
a
dispense with the prohibition in subsection (1), or
b
relax it to such extent as the sheriff considers appropriate.
6
In relation to proceedings in an appeal to the Court of Session under this Act, the Court may in the interests of justice—
a
dispense with the prohibition in subsection (1), or
b
relax it to such extent as the Court considers appropriate.
7
The prohibition in subsection (1) does not apply in relation to the publication by or on behalf of a local authority or an adoption agency of information about a child for the purposes of making arrangements in relation to the child under this Act or the Adoption and Children (Scotland) Act 2007 (asp 4).
8
In subsection (7), “adoption agency” has the meaning given by the Adoption and Children (Scotland) Act 2007.
9
In this section—
- “children’s hearing” includes a pre-hearing panel,
- “protected information” means—
  1. information in relation to—
    1. a children's hearing,
    2. an appeal against a decision of a children's hearing,
    3. proceedings before the sheriff under Part 10 or 15, or
    4. an appeal from any decision of the sheriff or sheriff principal made under this Act, or
  2. information given to the Principal Reporter in respect of a child in reliance on, or satisfaction of, a provision of this Act or any other enactment,
- “publish” includes in particular—
  1. to publish matter in a programme service, as defined by section 201 of the Broadcasting Act 1990 (c.42), and
  2. to cause matter to be published.

Mutual assistance

Mutual assistance
183
1
A person mentioned in subsection (2) must comply with a request by another such person for assistance in the carrying out of functions conferred by virtue of this Act.
2
The persons are—
a
CHS,
b
the National Convener,
c
SCRA,
d
the Principal Reporter.
3
A person mentioned in subsection (4) must comply with a request by a local authority for assistance in the carrying out of the local authority's functions under this Act.
4
The persons are—
a
another local authority,
b
a health board constituted under section 2 of the National Health Service (Scotland) Act 1978 (c.29).
5
A request under this section must specify the assistance that is required.
6
Nothing in this section requires a person to comply with a request if—
a
it would be incompatible with any function (whether conferred by statute or otherwise) of the person to whom it is directed, or
b
it would unduly prejudice the carrying out by the person to whom the request is directed of the person's functions.

Enforcement of obligations on health board under section 183
184
1
This section applies where—
a
the implementation authority in relation to a compulsory supervision order has made a request for assistance from a health board under section 183(3),
b
the request is in connection with the implementation of the compulsory supervision order, and
c
the implementation authority is satisfied that the health board has unreasonably failed to comply with the request.
2
The implementation authority may refer the matter to the Scottish Ministers.
3
On receiving a reference under subsection (2), the Scottish Ministers may, if they are satisfied that the health board has unreasonably failed to comply with the request, direct the health board to comply with the request.
4
The health board must comply with a direction under subsection (3).

Proceedings before sheriff under Act

Amendment of section 32 of Sheriff Courts (Scotland) Act 1971
185
1
Section 32 of the Sheriff Courts (Scotland) Act 1971 (c.58) (power of Court of Session to regulate civil procedure in sheriff court) is amended as follows.
2
In subsection (1)—
a
after paragraph (eb) insert—
ec
enabling a witness (including a witness who is outwith Scotland) in proceedings under Part 10 or 15 of the Children's Hearings (Scotland) Act 2011 to give evidence by a means specified in the act of sederunt that does not require the witness to be physically present in court in such circumstances, and subject to such conditions, as may be specified in the act of sederunt,
ed
prescribing circumstances in which a party to proceedings under Part 10 or 15 of the Children's Hearings (Scotland) Act 2011 may be prohibited from personally conducting the examination of witnesses,
,
b
after paragraph (i) insert—
ia
permitting a party to proceedings under the Children's Hearings (Scotland) Act 2011 to be represented (including through the making of oral submissions to the sheriff on the party's behalf), in such circumstances as may be specified in the act of sederunt, by a person who is neither an advocate nor a solicitor,
, and
c
after paragraph (k) insert—
ka
prescribing functions of safeguarders appointed by the sheriff in relation to proceedings under Part 10 or 15 of the Children's Hearings (Scotland) Act 2011,
kb
prescribing rights of safeguarders appointed by the sheriff in relation to proceedings under Part 10 or 15 of the Children's Hearings (Scotland) Act 2011 to information relating to the proceedings,
.
3
After subsection (4) add—
5
In subsection (1), “civil proceedings” includes proceedings under the Children's Hearings (Scotland) Act 2011.
.

Consent of child to medical examination or treatment

Consent of child to medical examination or treatment
186
1
Nothing in this Act prejudices any capacity of a child enjoyed by virtue of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991 (c.50) (capacity of child with sufficient understanding to consent to surgical, medical or dental procedure or treatment).
2
In particular, where—
a
under an order mentioned in subsection (3) any examination or treatment is arranged for the child, and
b
the child has the capacity mentioned in section 2(4) of the Age of Legal Capacity (Scotland) Act 1991,
the examination or treatment may be carried out only if the child consents to it.
3
Those orders are—
a
a child assessment order,
b
a child protection order,
c
a compulsory supervision order,
d
an interim compulsory supervision order,
e
a medical examination order.

Rehabilitation of offenders

Rehabilitation of Offenders Act 1974: treatment of certain disposals by children's hearings
187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal record certificates

Criminal record certificates
188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Places of safety

Places of safety: restrictions on use of police stations
189
1
This section applies where a person is authorised or required under this Act to keep or detain a child in a place of safety.
2
A child may be kept or detained in a police station only if it is not reasonably practicable to keep or detain the child in a place of safety which is not a police station.
3
Where a child is being kept or detained in a police station, the person must take steps to identify a place of safety which is not a police station and transfer the child to that place as soon as is reasonably practicable.

Orders made outwith Scotland

Effect of orders made outwith Scotland
190
1
The Scottish Ministers may by regulations make provision for a specified non-Scottish order which appears to them to correspond to a compulsory supervision order to have effect in Scotland.
2
Regulations under subsection (1) may in particular—
a
provide that a non-Scottish order is to have such effect only—
i
in specified circumstances,
ii
for specified purposes,
iii
subject to specified conditions,
b
provide that a non-Scottish order is—
i
to have effect as if it were a compulsory supervision order, or
ii
to have such other effect as may be specified,
c
include provision—
i
requiring specified persons to provide or share specified information,
ii
requiring specified persons to provide, or make arrangements for the provision of, any services which are needed to support a child who is the subject of a non-Scottish order,
iii
requiring specified persons to meet the costs incurred in relation to, or as a consequence of, giving effect to a non-Scottish order in Scotland,
iv
in connection with the safeguarding and promotion of the welfare of a child who is the subject of a non-Scottish order,
d
make provision for or in connection with—
i
the monitoring of whether any condition specified by virtue of paragraph (a)(iii) is being met in relation to a non-Scottish order,
ii
the consequences of such a specified condition not being met,
iii
the monitoring of whether any requirement imposed is being complied with in relation to a non-Scottish order (where compliance with the requirement is not a condition specified by virtue of paragraph (a)(iii)),
iv
the consequences of failing to comply with such a requirement.
2A
Regulations under subsection (1)—
a
may modify any enactment in its application by virtue of the regulations to a non-Scottish order, including—
i
the Social Work (Scotland) Act 1968,
ii
the Children (Scotland) Act 1995,
iii
this Act,
b
are subject to the affirmative procedure.
3
In this section—
- “non-Scottish order” means an order made by a court in England and Wales or in Northern Ireland,
- “specified” means specified in the regulations.
S. 177 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
S. 178 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
S. 179 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
S. 180 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
S. 181 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
S. 182 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
S. 183 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
S. 184 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
S. 185 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
S. 186 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
S. 189 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
S. 190 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
Definition in s. 182(9) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(20)
Ss. 179A-179C inserted (29.11.2019) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 27(1), 84(2); S.S.I. 2019/349, reg. 2(b)
S. 187 repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 13(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
S. 188 repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 13(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
S. 190(2)(2A) substituted for s. 190(2) (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 29(2)(b), 38(3); S.S.I. 2025/115, reg. 2(2)(c)
Words in s. 190(1) substituted (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 29(2)(a), 38(3); S.S.I. 2025/115, reg. 2(2)(c)
S. 179D inserted (15.12.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 9(2), 38(3); S.S.I. 2025/379, reg. 2(1)