Children Act 1975

83 Amendment of section 37 of Social Work (Scotland) Act 1968

In section 37 of the Social Work (Scotland) Act 1968—

(a) the following subsection is inserted after subsection (1)—

“(1A) Where a local authority receive information suggesting that a child may be in need of compulsory measures of care, they shall—

(a) cause enquiries to be made into the case unless they are satisfied that such enquiries are unnecessary; and

(b) if it appears to them that the child may be in need of compulsory measures of care, give to the reporter such information about the child as they may have been able to discover.”;

(b) for subsection (2) there is substituted—

“(2) A constable or any person authorised by any court or by any justice of the peace may take to a place of safety any child—

(a) in respect of whom any of the offences mentioned in Schedule 1 to the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 has been or is believed to have been committed; or

(b) who is a member of the same household as a child in respect of whom such an offence has been or is believed to have been committed ; or

(c) who is, or is likely to become, a member of the same household as a person who has committed or is believed to have committed such an offence ; or

(d) in respect of whom an offence under section 21(1) of the [1937 c. 37.] Children and Young Persons (Scotland) Act 1937 has been or is believed to have been committed ; or

(e) who is likely to be caused unnecessary suffering or serious impairment of health because there is, or is believed to be, in respect of the child a lack of parental care,

and any child so taken to a place of safety or any child who has taken refuge in a place of safety may be detained there until arrangements can be made for him to be brought before a children's hearing under the following provisions of this Part of this Act; and, where a child is so detained, the constable or the person authorised as aforesaid or the occupier of the place of safety shall forthwith inform the reporter of the case.”;

(c) in subsection (5), after " renewed " there is inserted " by a children's hearing " ;

(d) the following subsections are inserted after subsection (5)—

“(5A) Where a warrant has been renewed under subsection (5) of this section but it appears to the reporter—

(a) that the children's hearing will not be able to dispose of the child's case before the expiry of the period of detention required by the warrant as renewed ; and

(b) that further detention of the child is necessary in the child's own interest,

the reporter may apply to the sheriff for a warrant requiring the child to be detained in a place of safety for such a period not exceeding twenty-one days as may be necessary and the sheriff may issue such a warrant if he is satisfied that such detention is necessary in the child's own interest.

(5B) On cause shown a warrant authorising detention under subsection (5A) of this section may be renewed by the sheriff on one occasion only, for the period mentioned in that subsection on the application of the reporter.”.