Draft Children's Hearings (Scotland) Bill

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CHAPTER 7
DEFERRAL OF CONSIDERATION

107 Application of sections 108 to 113

(1) Sections 108 to 113 apply where a decision on whether to make a compulsory supervision order is deferred to a subsequent children's hearing.

(2) In those sections-

(a) the children's hearing that defers the decision is referred to as the "current hearing", and

(b) the children's hearing to which the decision is deferred is referred to as the "subsequent hearing".

108 Warrant to secure attendance

The current hearing may issue a warrant to secure the attendance of the child at the subsequent hearing if there is reason to believe that the child would not otherwise attend the subsequent hearing.

109 Interim compulsory supervision order

The current hearing may make an interim compulsory supervision order if it is satisfied that, based on the information available to it, the child's circumstances are so urgent or serious that it is necessary to make the order for the protection, guidance, treatment or control of the child.

110 Medical examination order

(1) The current hearing may make a medical examination order, for the purposes of obtaining any further information, or carrying out any further investigation, needed before the decision is made.

(2) The order may be made-

(a) on the initiative of the current hearing, or

(b) on an application by the Principal Reporter.

111 Excusal from attendance at subsequent hearing

(1) The current hearing may, if it is satisfied that one of the circumstances in section 167(3) exists, excuse the child from attending the subsequent children's hearing.

(2) The current hearing may, if it is satisfied that one of the circumstances in section 168(3) exists, excuse a recognised carer of the child to which those circumstances apply from attending the subsequent children's hearing.

112 President must arrange hearing

The President must arrange the subsequent hearing.

113 Subsequent hearing: deferral of decision

(1) The subsequent hearing may defer the decision on whether to make a compulsory supervision order to another children's hearing only if-

(a) further information is needed before the matter can be properly dealt with,

(b) a statement, notification, document or other information has been given to the children's hearing, child or a recognised carer of the child before the hearing, but there has been insufficient time before the hearing for its proper consideration by the hearing or one of those persons, or

(c) the children's hearing orders that a statement, notification, document or other information that has been withheld from the child or a recognised carer of the child under sections 161, 162 or 164 be given to that person,

(d) the children's hearing orders under section 163 that further steps be taken by the President to find a recognised carer,

(e) it is desirable that a person who is not present at the hearing be present when the matter is dealt with.

(2) Where a child or recognised carer of the child is excused under section 111, the subsequent hearing may, despite the excusal, defer its decision to a subsequent children's hearing without further excusing the person.

Page updated: Monday, June 29, 2009