PART 4

POLICE INVESTIGATORY AND OTHER POWERS
CHAPTER 2

SEARCH OF CHILDREN UNDER 12

Search under order

Appeal against decision under section 36
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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.