Children’s Hearings (Scotland) Act 2011

93 Grounds not accepted: application to sheriff or discharge

(1) This section applies where—

(a) at least one of the grounds specified in the statement of grounds is accepted but the grounds hearing does not consider that it is appropriate to make a decision on whether to make a compulsory supervision order on the basis of the ground or grounds that have been accepted, or

(b) none of the grounds specified in the statement of grounds is accepted.

(2) The grounds hearing must—

(a) direct the Principal Reporter to make an application to the sheriff for a determination on whether each ground that is not accepted by the child and (subject to sections 74 and 75) each relevant person in relation to the child is established, or

(b) discharge the referral.

(3) Subsections (4) and (5) apply if the grounds hearing gives a direction under subsection (2)(a).

(4) The chairing member must—

(a) explain the purpose of the application to the child and (subject to sections 74 and 75) each relevant person in relation to the child, and

(b) inform the child that the child is obliged to attend the hearing before the sheriff unless excused by the sheriff.

(5) If the grounds hearing considers that the nature of the child’s circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency that an interim compulsory supervision order be made, the grounds hearing may make an interim compulsory supervision order in relation to the child.

(6) An interim compulsory supervision order made under subsection (5) may not include a measure of the kind mentioned in section 83(2)(f)(i).

(7) In subsection (1), “accepted” means accepted by the child and (subject to sections 74 and 75) each relevant person in relation to the child.