Social Work (Scotland) Act 1968

[F1 40 Attendance of child at children’s hearing. S

(1) Where a child has been notified by virtue of section 35 of this Act that his case has been referred to a children’s hearing, he shall be under an obligation to attend that hearing in accordance with the notification.

(2) Without prejudice to the provisions of section 42(1)

of this Act, where a children’s hearing are satisfied in a case concerned with an offence mentioned in [F2 Schedule 1 to the M1 Criminal Procedure (Scotland) Act 1975]] that the attendance of a child is not necessary for the just hearing of that case, or in any case where they are satisfied that it would be detrimental to the interest of the child to be present at the hearing of his case, the case, in whole or in part, may be considered in the absence of the child.

(3) The [F3 Principal Reporter] shall be responsible for securing the attendance of a child at the hearing of his case before a children’s hearing and at any subsequent hearing to which the case is continued.

(4) For the purpose of the last foregoing subsection, or where a child fails to attend at any hearing of his case, a children’s hearing may, at the instance of the [F3 Principal Reporter] on cause shown, or, as the case may be, of their own motion, issue a warrant for the apprehension of the child if satisfied of the necessity for such a course, and any warrant so issued shall be authority for bringing him before a children’s hearing and for his detention in a place of safety.

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

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

(b) for a period exceeding seven days.

(6) Where a child is apprehended in pursuance of subsection (4)

of this section, and he cannot immediately be brought before a children’s hearing, the [F3 Principal Reporter] shall, wherever practicable, arrange a children’s hearing to sit not later than in the course of the first lawful day after the apprehension of the child.

[F4 (7) Where a children’s hearing before whom a child is brought are unable to dispose of his case and—

(a) have reason to believe that the child may not attend at any hearing of his case, or at any proceedings arising from the case or may fail to comply with a requirement under section 43(4) of this Act; or

(b) are satisfied that detention of the child is necessary in his own interest,

they may issue 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.]

[F5 (8) On cause shown a warrant authorising detention under subsection (7)

of this section may be renewed by a children’s hearing on one occasion only, for the period mentioned in that subsection, on the application of the [F3 Principal Reporter].]

[F6 (8A) Where a warrant has been renewed under subsection (8) of this section but it appears to the [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 [F3 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.

(8B) On cause shown, a warrant authorising detention under subsection (8A)

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 [F3 Principal Reporter].]

(9) A warrant of apprehension issued under this Part of this Act may be executed in like manner as a warrant of apprehension of an accused person issued by a court of summary jurisdiction, and any enactment relating to the execution of a warrant of apprehension issued by a court of summary jurisdiction shall, with any necessary modifications, apply in relation to the execution of a warrant of apprehension issued under this Part of this Act as it applies to a warrant of apprehension issued by a court of summary jurisdiction.

Textual Amendments

F1 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F2 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 460(1)(b)

F3 Words in s. 40(3)(4)(6)(8)(8A)(8B) 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)

F4 S. 40(7) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 84(a)

F5 S. 40(8) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 84(b)

F6 S. 40(8A)(8B) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 84(c)

Marginal Citations

M1 1975 c. 21.