PART 9Specific provision for arranging a children's hearing to which section 137 (duty to arrange children's hearing) of the Act applies

Provision of information to the child and relevant persons for a children's hearing to which section 137 (duty to arrange children's hearing) of the Act applies34

1

Where the Reporter is required to arrange a children's hearing by virtue of section 137(2) of the Act, as soon as practicable and no later than 7 days before the intended date of the children's hearing the Reporter must also give to the persons mentioned in paragraph (2) the information mentioned in paragraph (3).

2

Those persons are—

a

the child;

b

each relevant person;

c

any appointed safeguarder.

3

That information is—

a

a copy of the compulsory supervision order to be reviewed;

b

copies of all decisions and reasons for those decisions made by all pre-hearing panels and children's hearings arranged in relation to the child;

c

a copy of any relevant remit by a court under section 49 (reference or remit to children's hearing) of the Criminal Procedure (Scotland) Act 1995;

d

a copy of any relevant requirement by a sheriff under section 12(1A) (sheriff's power to refer case to children's hearing) of the Antisocial Behaviour etc. (Scotland) Act 2004;

e

a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

f

a copy of any notice by the implementation authority under section 131 (duty of implementation authority to require review) of the Act.

4

No later than 3 days before the intended date of the hearing the Reporter must also give to the persons mentioned in paragraph (5) the information mentioned in paragraph (6).

5

Those persons are—

a

the child;

b

each relevant person;

c

any appointed safeguarder.

6

That information is—

a

a copy of any available report or interim report prepared by an appointed safeguarder under section 33(1)(a) or (c) (functions of safeguarder) of the Act;

b

a copy of any report or other information provided by the local authority under section 137(4) or (5) (duty to arrange children's hearing) of the Act;

c

a copy of any views of the child given to the Reporter by the child or any other person;

d

a copy of any other report or other document material to the children's hearing's consideration.

7

This rule does not apply where rule 36 applies.