PART 4POLICE INVESTIGATORY AND OTHER POWERS

CHAPTER 2SEARCH OF CHILDREN UNDER 12

Search under order

35Consideration of application for order under section 36

(1)This section applies where a constable makes an application under section 34 in respect of a child.

(2)The sheriff may determine the application in court or in chambers after such enquiry or hearing (if any) as the sheriff considers appropriate.

(3)Before determining the application, the sheriff must consider whether any of the following persons should be given an opportunity to make representations—

(a)the applicant,

(b)the child in respect of whom the application is made,

(c)a parent of the child,

(d)any other person the sheriff considers to have an interest in the application.