Social Work (Scotland) Act 1968

37 Reports of cases of children who may require compulsory measures of care and the interim detention of such children in places of safety. S

(1) Where any person has reasonable cause to believe that a child may be in need of compulsory measures of care he may give to the [F1 Principal Reporter] such information about the child as he may have been able to discover.

[F2 (1A) Where a local authority receive information suggesting that a child may be in need of compulsory measures of care, they shall—

(a) cause enquiries to be made into the case unless they are satisfied that such enquiries are unnecessary; and

(b) if it appears to them that the child may be in need of compulsory measures of care, give to the [F1 Principal Reporter] such information about the child as they may have been able to discover.]

[F3 (2) A constable or any person authorised by any court or by any justice of the peace may take to a place of safety any child—

(a) in respect of whom any of the offences mentioned in Schedule 1 to the M1 Criminal Procedure (Scotland) Act 1975 has been or is believed to have been committed; or

(b) who is a member of the same household as a child in respect of whom such an offence has been or is believed to have been committed; or

(c) who is, or is likely to become, a member of the same household as a person who has committed or is believed to have committed such an offence; or

(d) in respect of whom an offence under section 21(1) of the Children and Young Persons (Scotland) Act 1937 has been or is believed to have been committed; or

(e) who is likely to be caused unnecessary suffering or serious impairment of health because there is, or is believed to be, in respect of the child a lack of parental care,

and any child so taken to a place of safety or any child who has taken refuge in a place of safety may be detained there until arrangements can be made for him to be brought before a children’s hearing under the following provisions of this Part of this Act; and, where a child is so detained, the constable or the person authorised as aforesaid or the occupier of the place of safety shall forthwith inform the [F1 Principal Reporter] of the case.]

(3) A child shall not continue to be detained under the last foregoing subsection—

(a) where the [F1 Principal Reporter] considers the child does not require compulsory measures of care, or

(b) after the day on which a children’s hearing first sit to consider his case in pursuance of the next following subsection, or

(c) for a period exceeding seven days.

(4) Where a child has been detained in a place of safety under subsection (2) of this section or under [F4 section 14(1), 296(3) or 323(1) of the said Act of 1975], and the [F1 Principal Reporter] considers that the child may be in need of compulsory measures of care, he shall, wherever practicable, arrange a children’s hearing to sit not later than in the course of the first lawful day after the commencement of the child’s detention to consider the case under this Part of this Act, and, if that hearing are unable to dispose of the case and are satisfied that his further detention is necessary in his own interest, or have reason to believe that he will run away during the investigation of his case, they may issue a warrant requiring the child to be detained in any place of safety for such a period not exceeding twenty-one days as may be necessary.

(5) On cause shown a warrant authorising detention under the last foregoing subsection may be renewed [F5 by a children’s hearing], on one occasion only, for the period mentioned in that subsection on the application of the [F1 Principal Reporter].

[F6 (5A) Where a warrant has been renewed under subsection (5) of this section but it appears to the [F1 Principal Reporter]—

(a) that the children’s hearing will not be able to dispose of the child’s case before the expiry of the period of detention required by the warrant as renewed; and

(b) that further detention of the child is necessary in the child’s own interest,

the [F1 Principal Reporter] may apply to the sheriff for a warrant requiring the child to be detained in a place of safety for such a period not exceeding twenty-one days as may be necessary and the sheriff may issue such a warrant if he is satisfied that such detention is necessary in the child’s own interest.

(5B) On cause shown a warrant authorising detention under subsection (5A)

of this section may be renewed by the sheriff on one occasion only, for the period mentioned in that subsection on the application of the [F1 Principal Reporter].]

(6) In this section any reference to a justice of the peace includes a reference to a sheriff and to a magistrate.

Textual Amendments

F1 Words in s. 37(1)(1A)(b)(2)(3)(a)(4)(5)(5A)(5B) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F2 S. 37(1A) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 83(a)

F3 S. 37(2) subsititued by Children Act 1975 (c. 72, SIF 49:9, 10), s. 83(b)

F4 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 461(1), Sch. 9 para. 42

F5 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 83(c)

F6 S. 37(5A)(5B) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 83(d)

Marginal Citations

M1 1975 c. 21.