Children (Scotland) Act 1995

Transfer etc. of cases

48 Transfer of case to another children’s hearing

(1) Where a children’s hearing are satisfied, in relation to a case which they are hearing, that it could be better considered by a children’s hearing constituted from a children’s panel for a different local government area, they may at any time during the course of the hearing request the Principal Reporter to arrange for such other children’s hearing to dispose of the case.

(2) Where a case has been transferred in pursuance of subsection (1) above, the grounds of referral accepted or established for the case shall not require to be further accepted or established for the purposes of the children’s hearing to which the case has been transferred.

49 Referral or remission to children’s hearing where child guilty of an offence

(1) In section 173 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (reference or remission to children’s hearing where child guilty of an offence: solemn proceedings), for subsections (1) to (3) there shall be substituted—

“(1) Where a person who is charged with an offence and pleads guilty to, or is found guilty of, that offence is a child who is not subject to a supervision requirement, the court on that plea or finding may—

(a) instead of making an order, remit the case to the Principal Reporter to arrange a children’s hearing to dispose of the case; or

(b) request the Principal Reporter to arrange a children’s hearing for the purpose of obtaining their advice as to the treatment of the child.

(2) Where a person, who is charged with an offence and pleads guilty to, or is found guilty of, that offence, is aged sixteen years or over and is subject to a supervision requirement, the court if it is—

(a) the High Court, may; and

(b) the sheriff court shall,

proceed in accordance with either paragraph (a) or (b) of subsection (1) above.

(3) Where a child who is charged with an offence and pleads guilty to, or is found guilty of, that offence—

(a) is aged under sixteen years; and

(b) is subject to a supervision requirement,

the court dealing with the case if it is—

(i) the High Court, may; and

(ii) the sheriff court, shall,

request the Principal Reporter to arrange a children’s hearing for the purpose of obtaining their advice as to the treatment of the child.

(3A) Where a court has obtained the advice of a children’s hearing in pursuance—

(a) of paragraph (b) of subsection (1) above; or

(b) of subsection (3) above,

the court, after consideration of the advice received from the children’s hearing may, as it thinks proper, itself dispose of the case or remit the case as mentioned in paragraph (a) of the said subsection (1).”.

(2) In section 372 of that Act (reference or remission to children’s hearing where child guilty of an offence: summary proceedings), for subsections (1) to (3) there shall be substituted—

“(1) Where a person who is charged with an offence and pleads guilty to, or is found guilty of, that offence is a child who is not subject to a supervision requirement the court on that plea or finding may—

(a) instead of making an order, remit the case to the Principal Reporter to arrange a children’s hearing to dispose of the case; or

(b) request the Principal Reporter to arrange a children’s hearing for the purpose of obtaining their advice as to the treatment of the child.

(2) Where a person, who is charged with an offence and pleads guilty to, or is found guilty of, that offence, is aged sixteen years or over and is subject to a supervision requirement, the court shall proceed in accordance with either paragraph (a) or (b) of subsection (1) above.

(3) Where a child who is charged with an offence and pleads guilty to, or is found guilty of, that offence and—

(a) is aged under sixteen years; and

(b) is subject to a supervision requirement,

the court dealing with the case shall request the Principal Reporter to arrange a children’s hearing for the purpose of obtaining their advice as to the treatment of the child.

(3A) Where a court has obtained the advice of a children’s hearing in pursuance—

(a) of paragraph (b) of subsection (1) above; or

(b) of subsection (3) above,

the court, after consideration of the advice received from the children’s hearing may, as it thinks proper, itself dispose of the case or remit the case as mentioned in paragraph (a) of the said subsection (1).”.

50 Treatment of child’s case on remission by court

(1) Where a court has, under section 173, 372 or 373 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, remitted a case to a children’s hearing for disposal, a certificate signed by the clerk of the court stating that the child or person concerned has pled guilty to, or has been found guilty of, the offence to which the remit relates shall be conclusive evidence for the purposes of the remit that the offence has been committed by the child or person.

(2) Where a court has under the said section 373 remitted a case to a children’s hearing for disposal, the provisions of this Act shall apply to the person concerned as if he were a child.