The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013

Non-disclosure requests

84.—(1) In this Part a “non-disclosure request” is a request made by any person that any document or part of a document or information contained in a document relating to a pre-hearing panel or to a children’s hearing should be withheld from a specified person falling within the categories specified in section 177(2)(i)(ii) to (iv) of the Act on the grounds that disclosure of that document or part of the document or any information contained in it would be likely to cause significant harm to the child to whom the hearing relates.

(2) The following documents may not be the subject of a non-disclosure request—

(a) the statement of grounds;

(b) a copy of any relevant remit by a court under section 49 of the Criminal Procedure (Scotland) Act 1995(1);

(c) a copy of any relevant requirement by a sheriff under section 12(1A) or statement under section 12(1B) of the Antisocial Behaviour etc. (Scotland) Act 2004;

(d) any order or warrant to which the child is subject under the Act or these Rules.

(3) A non-disclosure request must—

(a) specify the document or part of the document or information for which non-disclosure is requested and give reasons in each instance for non-disclosure; and

(b) specify the persons to whom the document or part of the document or information is not to be disclosed and give reasons in each instance for non-disclosure.

(4) In this Part reference to “children’s hearing” includes pre-hearing panel, where the non-disclosure request relates to documents or information to be considered at a pre-hearing panel.

(1)

1995 c.46.