Part 8Pre-hearing panel
79Referral of certain matters for pre-hearing determination
1
This section applies where a children’s hearing is to be held in relation to a child by virtue of section 69(2) or Part 9 to 11 or 13.
2
The Principal Reporter—
a
must refer the matter of whether a particular individual should be deemed to be a relevant person in relation to the child for determination by three members of the Children’s Panel selected by the National Convener (a “pre-hearing panel”) if requested to do so by—
i
the individual in question,
ii
the child, or
iii
a relevant person in relation to the child,
b
may refer that matter for determination by a pre-hearing panel on the Principal Reporter’s own initiative,
c
may refer a matter of a type mentioned in subsection (3) for determination by a pre-hearing panel—
i
on the Principal Reporter’s own initiative, or
ii
following a request to the Principal Reporter from the child, a relevant person in relation to the child, or if a safeguarder has been appointed for the child, the safeguarder.
3
Those matters are—
a
whether the child should be excused from attending the children’s hearing,
b
whether a relevant person in relation to the child should be excused from attending the children’s hearing,
c
whether it is likely that the children’s hearing will consider making a compulsory supervision order including a secure accommodation authorisation in relation to the child,
d
a matter specified in rules under section 177(2)(a).
4
For the purposes of subsection (3)(a), the pre-hearing panel may excuse the child from attending the children’s hearing only if—
a
the pre-hearing panel is satisfied that any of paragraphs (a) to (c) of section 73(3) applies, or
b
the child may be excused under rules under section 177.
5
For the purposes of subsection (3)(b), the pre-hearing panel may excuse a relevant person in relation to the child from attending the children’s hearing only if—
a
the pre-hearing panel is satisfied that section 74(3)(a) or (b) applies, or
b
the relevant person may be excused under rules under section 177.
6
A member of the Children’s Panel selected for a pre-hearing panel may (but need not) be a member of the children’s hearing.