Children (Scotland) Act 1995 (c. 36)

Part II U.K. Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.

Chapter 2 U.K. Children’s Hearings

Conduct of proceedings at and in connection with children’s hearing U.K.

47 Presumption and determination of age. S

(1) Where a children’s hearing has been arranged in respect of any person, the hearing—

(a) shall, at the commencement of the proceedings, make inquiry as to his age and shall proceed with the hearing only if he declares that he is a child or they so determine; and

(b) may, at any time before the conclusion of the proceedings, accept a declaration by the child, or make a fresh determination, as to his age.

(2) The age declared to, or determined by, a children’s hearing to be the age of a person brought before them shall, for the purposes of this Part of this Act, be deemed to be the true age of that person.

(3) No decision reached, order continued, warrant granted or requirement imposed by a children’s hearing shall be invalidated by any subsequent proof that the age of a person brought before them had not been correctly declared to the hearing or determined by them.