PART 4POLICE INVESTIGATORY AND OTHER POWERS

CHAPTER 2SEARCH OF CHILDREN UNDER 12

Search under order

38Appeal against decision under section 36

1

An appeal taken to the Sheriff Appeal Court under section 110 of the Courts Reform (Scotland) Act 2014 against a decision of the sheriff under section 36 may be taken only where the sheriff, on an application made by a constable or by or on behalf of the child to whom the decision relates, gives permission.

2

Permission to appeal against such a decision must be applied for—

a

where an order is made under section 36, before the end of the period of 3 working days beginning with the day after the day on which the child is provided with a copy of the order under section 37,

b

where the sheriff refuses to make such an order, before the end of the period of 3 working days beginning with the day after the day on which the decision is made.

3

An appeal against the decision of the sheriff under section 36 must be taken before the end of the period of 3 working days beginning with the day on which permission to appeal is given.

4

A decision of the Sheriff Appeal Court on an appeal against the sheriff’s decision is final.

5

Subsection (6) applies where—

a

the Sheriff Appeal Court upholds or varies the order appealed against, and

b

the order as upheld or varied authorises an action mentioned in section 36(4) which, at the time the appeal is determined, has not been carried out.

6

The Sheriff Appeal Court may, in substitution for the period mentioned in section 36(5), specify a period for which any such action is authorised.

7

Any period specified by virtue of subsection (6) must not exceed 7 days beginning with the day on which the appeal is determined.