Children’s Hearings (Scotland) Act 2011

Children’s Hearings (Scotland) Act 2011

2011 asp 1

Commentary on Sections

Part 10 – Proceedings before Sheriff

Withdrawal of application: termination of orders etc.

 Section 108 – Determination: ground established

160. This section applies where an application to establish grounds for referral under sections 93 or 94 is determined by the sheriff. Subsections (2) and (4) provide a duty on the sheriff to direct the Principal Reporter to arrange a Children’s Hearing to consider whether a compulsory supervision order should be made in relation to the child where the sheriff determines that one or more of the grounds are established or one or more of the grounds were accepted at the grounds hearing by the child and each relevant person. Subsection (3) provides that in any other case the sheriff must dismiss the application and discharge the referral to the Children’s Hearing.