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.