Appeal against decision to detain a child in secure accommodation3
After regulation 11 of the Secure Accommodation (Scotland) Regulations 20132 insert—
Appeal against decision to detain a child in secure accommodation11A
1
This regulation applies where an appeal under section 44A (appeal against detention in secure accommodation) of the Criminal Procedure Act is made.
2
The appeal must be—
a
made before the expiry of 21 days beginning with the day on which the determination is made under regulation 11(2); and
b
heard and disposed of before the expiry of the period of 3 days beginning on the day after the day on which the appeal is made.
3
The sheriff may hear evidence before determining the appeal.
4
The sheriff may hear evidence from—
a
the child;
b
each relevant person in respect of the child;
c
the chief social work officer;
d
any other person who the sheriff considers may give additional material evidence.
5
Before determining the appeal the sheriff must, so far as practicable and taking account of the age and maturity of the child—
a
give the child an opportunity to indicate whether they wish to express any views;
b
if the child wishes to do so, give them an opportunity to express their views; and
c
have regard to any views expressed.
6
Without prejudice to the generality of paragraph (5), a child who is aged 12 or over is presumed to be of sufficient age and maturity to form a view for the purposes of that paragraph.
7
The sheriff may require any person to give a report to the sheriff for the purpose of assisting the sheriff in determining the appeal.