http://www.legislation.gov.uk/ukpga/1968/49/section/56/enactedSocial Work (Scotland) Act 1968Children's hearings (Scotland)CareHearingsTraining administrationVoluntary organisationsKing's Printer of Acts of Parliament2020-05-05
Social Work (Scotland) Act 1968s. 87AAdult Support and Protection (Scotland) Act 2007s. 66s. 79(3)Social Work (Scotland) Act 1968s. 29(3)(j)Water Services etc. (Scotland) Act 2005Sch. 5 para. 1s. 36s. 37(2)art. 2Sch. 2Social Work (Scotland) Act 1968s. 61BAdults with Incapacity (Scotland) Act 2000s. 36s. 35 46 Sch. 4 para. 7(d)s. 89(2)art. 2(2)(a)Social Work (Scotland) Act 1968s. 62(3)(d)Adults with Incapacity (Scotland) Act 2000s. 38(3)s. 35 46 Sch. 4 para. 5(3) 7(d)s. 89(2)art. 2(2)(a)Social Work (Scotland) Act 1968s. 64A(1)(e) and wordAdults with Incapacity (Scotland) Act 2000Sch. 5 para. 10s. 89(2)
PART IIIChildren in need of Compulsory Measures of CareReference and remit of children's cases by courts to children's hearings
56
1
Where a child who is not subject to a supervision requirement is charged with an offence and pleads guilty to, or is found guilty of, that offence the court—
a
instead of making an order on that plea or finding, may remit the case to the reporter of the local authority to arrange for the disposal of the case by a children's hearing; or
b
on that plea or finding may request the reporter of the local authority to arrange a children's hearing for the purposes of obtaining their advice as to the treatment of the child.
2
Where a court has acted in pursuance of paragraph (b) of the foregoing subsection, the court, after consideration of the advice received from the children's hearing may, as it thinks proper, itself dispose of the case or remit the case as aforesaid.
3
Where a child who is subject to a supervision requirement is charged with an offence and pleads guilty to, or is found guilty of, that offence the court shall request the reporter of the local authority to arrange a children's hearing for the purpose of obtaining their advice as to the treatment of the child, and on consideration of that advice may, as it thinks proper, itself dispose of the case or remit the case as aforesaid.
4
Where a court has remitted a case to the reporter under this or the next following section, the jurisdiction of the court in respect of the child or person shall cease, and his case shall stand referred to a children's hearing.
5
Where a court has remitted a case of a child or person as aforesaid, a certificate signed by the clerk of the court stating that the child or person has pleaded guilty to, or has been found guilty of, the offence to which the remit relates shall be conclusive evidence for the purpose of the remit that that offence has been committed by the child or person.
6
Nothing in the provisions of this or the next following section shall apply to a case in respect of an offence the sentence for which is fixed by law.