Children's Hearings (Scotland) Act 2011

68 Determination under section 66: no referral to children's hearing S

(1) This section applies where, having made a determination under section 66(2) in relation to a child, the Principal Reporter considers that—

(a) none of the section 67 grounds applies in relation to the child, or

(b) it is not necessary for a compulsory supervision order to be made in respect of the child.

(2) If the child is being kept in a place of safety under section 65(2)(b) the Principal Reporter must direct that the child be released from the place of safety.

(3) The Principal Reporter—

(a) must inform the persons mentioned in subsection (4) of the determination and the fact that the question of whether a compulsory supervision order should be made in respect of the child will not be referred to a children's hearing, and

(b) may, if the Principal Reporter considers it appropriate, inform any other person of the determination and that fact.

[F1 (3A) The Principal Reporter may not, under subsection (3)(b), provide information to a person who is entitled to request that information under section 179A(3).]

(4) Those persons are—

(a) the child,

(b) each relevant person in relation to the child,

(c) the relevant local authority for the child,

(d) any person specified in a child protection order in force in relation to the child under section 37(2)(a),

(e) any person who has given the Principal Reporter—

(i) notice under section 43 of a child protection order,

(ii) information under section 60, 61, 64 or 66,

(iii) a report under section 61 or 66,

(iv) a section 62 statement,

(v) evidence under section 63, or

(vi) information under [F2 section 53 of the Criminal Justice (Scotland) Act 2016] .

(5) The Principal Reporter may refer the child to—

(a) the relevant local authority for the child with a view to the authority providing (or making arrangements for the provision by another person or body of) advice, guidance and assistance to the child and the child's family in accordance with Chapter 1 of Part 2 of the 1995 Act (support for children and their families),

(b) such other person or body as may be specified by the Scottish Ministers by order for the purposes of this subsection, with a view to that person or body providing advice, guidance and assistance to the child and the child's family.

(6) After complying with the requirements imposed by subsection (3)(a), the Principal Reporter must not refer the question of whether a compulsory supervision order should be made in respect of the child to a children's hearing unless the Principal Reporter receives new information about the child.

Textual Amendments

F1 S. 68(3A) inserted (29.11.2019) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 27(2), 84(2); S.S.I. 2019/349, reg. 2(b)

F2 Words in s. 68(4)(e)(vi) substituted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 40(c); S.S.I. 2017/345, art. 3, sch. (with art. 4)

Commencement Information

I1 S. 68 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3