Part 10Proceedings before sheriff

Application to establish grounds

102Jurisdiction and standard of proof: offence ground

(1)

This section applies where an application is to be made to the sheriff to determine whether the ground mentioned in section 67(2)(j) is established in relation to a child.

(2)

The application must be made to the sheriff who would have jurisdiction if the child were being prosecuted for the offence or offences.

(3)

The standard of proof in relation to the ground is that which applies in criminal proceedings.

(4)

It is immaterial whether the application also relates to other section 67 grounds.