Part III C1 Children in need of Compulsory Measures of Care
48 Review of requirement of children’s hearing.
1
A supervision requirement shall be subject to review by a children’s hearing in accordance with the following provisions of this section.
2
A supervision requirement shall be reviewed by a children’s hearing where a local authority so recommends.
3
No supervision requirement shall remain in force without review for a period extending beyond one year, and where a supervision requirement is not reviewed within the period of one year from the making or continuing of the requirement it shall cease to have effect at the expiration of that period.
4
At any time after the expiration of any of the following periods, that is to say—
a
a period of three months from the date of the making of a supervision requirement; or
b
a period of three months from the date of a review of a supervision requirement where such a review varies a previous requirement; or
c
a period of six months from the date of a review of a supervision requirement which is continued by that review,
a child or his parent may require a review of the requirement.
F24A
If a supervision requirement has not been reviewed under this section during the period of nine months following the date when it was made or last reviewed (whichever is the later), the reporter may arrange for it to be reviewed.
5
It shall be the duty of the reporter to ensure that any review required by this section is duly made and to make any necessary arrangements arising therefrom.
6
Section 44 of this Act shall apply in relation to the disposal of a case by a children’s hearing under this section as it applies to the disposal of a case under that section.
48 Review of requirement of children’s hearing.
1
A supervision requirement shall be subject to review by a children’s hearing in accordance with the following provisions of this section.
2
A supervision requirement shall be reviewed by a children’s hearing where a local authority so recommends.
3
No supervision requirement shall remain in force without review for a period extending beyond one year, and where a supervision requirement is not reviewed within the period of one year from the making or continuing of the requirement it shall cease to have effect at the expiration of that period.
4
At any time after the expiration of any of the following periods, that is to say—
a
a period of three months from the date of the making of a supervision requirement; or
b
a period of three months from the date of a review of a supervision requirement where such a review varies a previous requirement; or
c
a period of six months from the date of a review of a supervision requirement which is continued by that review,
a child or his parent may require a review of the requirement.
F14A
If a supervision requirement has not been reviewed under this section during the period of nine months following the date when it was made or last reviewed (whichever is the later), the reporter may arrange for it to be reviewed.
5
It shall be the duty of the reporter to ensure that any review required by this section is duly made and to make any necessary arrangements arising therefrom.
6
Section 44 of this Act shall apply in relation to the disposal of a case by a children’s hearing under this section as it applies to the disposal of a case under that section.
Pt. III extended by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 168, 296(3), 364