Children's Hearings (Scotland) Act 2011

Part 16 S Enforcement of orders

168 Enforcement of orders S

(1) Subsection (2) applies where a relevant order authorising the keeping of a child in a particular place (an “authorised place”) is in force in relation to a child.

(2) An officer of law may enforce the order—

(a) by searching for and apprehending the child,

(b) by taking the child to the authorised place,

(c) where—

(i) it is not reasonably practicable to take the child immediately to the authorised place, F1 ...

F1 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

by taking the child to and detaining the child in a place of safety for as short a period of time as is practicable, and

(d) so far as is necessary, by breaking open shut and lockfast places.

(3) In this section, “relevant order” means—

(a) a child assessment order,

(b) a child protection order,

(c) an order under section 55,

(d) a compulsory supervision order,

(e) an interim compulsory supervision order,

(f) a medical examination order.

Textual Amendments

F1 S. 168(2)(c)(ii) and word preceding it omitted (24.6.2013) by virtue of The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(17)

Modifications etc. (not altering text)

C1 S. 168 applied by 1989 c. 41, s. 25(8A) (as inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(6))

C2 S. 168 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(7)

Commencement Information

I1 S. 168 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

169 Child absconding from place S

(1) This section applies where—

(a) a child requires to be kept in a particular place by virtue of—

(i) a child assessment order,

(ii) a child protection order,

(iii) an order under section 55,

(iv) section 56,

(v) section 65,

(vi) a compulsory supervision order,

(vii) an interim compulsory supervision order,

(viii) a medical examination order,

(ix) a warrant to secure attendance, or

(x) section 143, and

(b) the child absconds from that place or, at the end of a period of leave, fails to return to that place.

(2) The child may be F2 ... taken to that place.

(3) If a court is satisfied that there are reasonable grounds for believing that the child is within premises, the court may grant a warrant authorising an officer of law to—

(a) enter premises, and

(b) search for the child.

(4) The court may authorise the officer of law to use reasonable force for those purposes.

(5) Where the child is returned to the place mentioned in subsection (1), but the occupier of that place is unwilling or unable to receive the child—

(a) the officer of law returning the child must immediately notify the Principal Reporter of that fact, and

(b) the child must be kept in a place of safety until the occurrence of the relevant event.

(6) In subsection (5), the relevant event is—

(a) in the case mentioned in sub-paragraph (i) of subsection (1)(a), the end of the period specified in the child assessment order,

(b) in the case mentioned in sub-paragraph (ii) of that subsection, whichever of the following first occurs—

(i) the children's hearing arranged under section 45 or 69,

(ii) the termination of the child protection order,

(c) in the case mentioned in sub-paragraph (iii) of that subsection, whichever of the following first occurs—

(i) the order ceasing to have effect under section 55(4) or (5),

(ii) the determination by the sheriff of an application for a child protection order in respect of the child,

(d) in the case mentioned in sub-paragraph (iv) of that subsection, whichever of the following first occurs—

(i) the giving of notice under subsection (5) of section 56, or

(ii) the end of the period mentioned in subsection (3) of that section,

(e) in the case mentioned in sub-paragraph (v) of that subsection, whichever of the following first occurs—

(i) the giving of a direction by the Principal Reporter under section 68(2) or 72(2)(a), or

(ii) the children's hearing arranged by virtue of section 69(2),

(f) in the case mentioned in sub-paragraph (vi) of that subsection, the children's hearing arranged by virtue of section 131(2)(b),

(g) in the cases mentioned in sub-paragraphs (vii) and (ix) of that subsection whichever of the following first occurs—

(i) the next children's hearing that has been arranged in relation to the child,

(ii) the next hearing before the sheriff relating to the child that is to take place by virtue of this Act,

(h) in the cases mentioned in sub-paragraphs (viii) and (x) of that subsection, the next children's hearing that has been arranged in relation to the child.

Textual Amendments

F2 Words in s. 169(2) repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 24; S.S.I. 2017/345, art. 3, sch.

Modifications etc. (not altering text)

C3 S. 169 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(8)

C4 S. 169(1)-(4) applied by 1989 c. 41, s. 25(8A) (as inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(6))

Commencement Information

I2 S. 169 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

170 Child absconding from person S

(1) This section applies where—

(a) a person has (or is authorised to have) control of a child by virtue of—

(i) a child assessment order,

(ii) a child protection order,

(iii) an order under section 55,

(iv) section 56,

(v) section 65,

(vi) a compulsory supervision order,

(vii) an interim compulsory supervision order,

(viii) a medical examination order,

(ix) a warrant to secure attendance, or

(x) section 143, and

(b) the child absconds from that person.

(2) The child may be F3 ... taken to that person.

(3) If a court is satisfied that there are reasonable grounds for believing that the child is within premises, the court may grant a warrant authorising an officer of law to—

(a) enter premises, and

(b) search for the child.

(4) The court may authorise the officer of law to use reasonable force for those purposes.

(5) Where the child is returned to the person mentioned in subsection (1), but the person is unwilling or unable to receive the child—

(a) the officer of law returning the child must immediately notify the Principal Reporter of that fact, and

(b) the child must be kept in a place of safety until the occurrence of the relevant event.

(6) In subsection (5), the relevant event is—

(a) in the case mentioned in sub-paragraph (i) of subsection (1)(a), the end of the period specified in the child assessment order,

(b) in the case mentioned in sub-paragraph (ii) of that subsection, whichever of the following first occurs—

(i) the children's hearing arranged under section 45 or 69,

(ii) the termination of the child protection order,

(c) in the case mentioned in sub-paragraph (iii) of that subsection, whichever of the following first occurs—

(i) the order ceasing to have effect under section 55(4) or (5),

(ii) the determination by the sheriff of an application for a child protection order in respect of the child,

(d) in the case mentioned in sub-paragraph (iv) of that subsection, whichever of the following first occurs—

(i) the giving of notice under subsection (5) of section 56, or

(ii) the end of the period mentioned in subsection (3) of that section,

(e) in the case mentioned in sub-paragraph (v) of that subsection, whichever of the following first occurs—

(i) the giving of a direction by the Principal Reporter under section 68(2) or 72(2)(a), or

(ii) the children's hearing arranged by virtue of section 69(2),

(f) in the case mentioned in sub-paragraph (vi) of that subsection, the children's hearing arranged by virtue of section 131(2)(b),

(g) in the cases mentioned in sub-paragraphs (vii) and (ix) of that subsection whichever of the following first occurs—

(i) the next children's hearing that has been arranged in relation to the child,

(ii) the next hearing before the sheriff relating to the child that is to take place by virtue of this Act,

(h) in the cases mentioned in sub-paragraphs (viii) and (x) of that subsection, the next children's hearing that has been arranged in relation to the child.

Textual Amendments

F3 Words in s. 170(2) repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 24; S.S.I. 2017/345, art. 3, sch.

Modifications etc. (not altering text)

C5 S. 170 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(9)

Commencement Information

I3 S. 170 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

171 Offences related to absconding S

(1) This section applies where—

(a) a child requires to be kept in a particular place by virtue of—

(i) a child assessment order,

(ii) a child protection order,

(iii) a compulsory supervision order,

(iv) an interim compulsory supervision order,

(v) a medical examination order, or

(vi) a warrant to secure attendance, or

(b) a person has (or is authorised to have) control of a child by virtue of such an order or warrant.

(2) A person commits an offence if the person—

(a) knowingly assists or induces the child to abscond from the place or person,

(b) knowingly harbours or conceals a child who has absconded from the place or person, or

(c) knowingly prevents a child from returning to the place or person.

(3) The person is liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding 6 months or to both.

(4) This section is subject to—

(a) section 38(3) and (4) of the 1995 Act,

(b) section 51(5) and (6) of the Children Act 1989 (c.41), and

(c) Article 70(5) and (6) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).

Modifications etc. (not altering text)

C6 S. 171 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(10)

Commencement Information

I4 S. 171 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3