Children’s Hearings (Scotland) Act 2011

Disclosure of information

178 Children’s hearing: disclosure of information

(1) A children’s hearing need not disclose to a person any information about the child to whom the hearing relates or about the child’s case if disclosure of that information to that person would be likely to cause significant harm to the child.

(2) Subsection (1) applies despite any requirement under an enactment (including this Act and subordinate legislation made under it) or rule of law for the children’s hearing—

(a) to give the person an explanation of what has taken place at proceedings before the hearing, or

(b) to provide the person with—

(i) information about the child or the child’s case, or

(ii) reasons for a decision made by the hearing.

179 Sharing of information: prosecution

(1) This section applies where—

(a) by virtue of this Act, the Principal Reporter, a children’s hearing or the sheriff has determined, is determining or is to determine any matter relating to a child,

(b) criminal proceedings have been commenced against an accused,

(c) the proceedings have not yet been concluded, and

(d) the child is connected in any way with the circumstances that gave rise to the proceedings, the accused or any other person connected in any way with those circumstances.

(2) The Principal Reporter must make available to the Crown Office and Procurator Fiscal Service any information held by the Principal Reporter relating to the prosecution which the Service requests for the purpose of—

(a) the prevention or detection of crime, or

(b) the apprehension or prosecution of offenders.

180 Sharing of information: panel members

(1) A local authority must comply with a request from the National Convener to provide to the National Convener information about the implementation of compulsory supervision orders by the authority.

(2) The National Convener may disclose information provided by a local authority under subsection (1) to members of the Children’s Panel.