DRAFT
Children's Hearings (Scotland) Bill
Contents
Section
PART 1
ADMINISTRATION
CHAPTER 1
THE CHILDREN'S PANEL
1 The Children's Panel
2 Children's hearings
CHAPTER 2
SCOTTISH CHILDREN'S HEARINGS TRIBUNAL
3 Establishment
4 Functions
5 Powers
6 Restriction on powers
7 Directions
8 Grants
9 Annual reports
10 Accounts
11 Provision of returns etc. to Scottish Ministers
CHAPTER 3
PRESIDENT OF THE TRIBUNAL
12 Office of President
13 Functions of President
14 Power of Scottish Ministers to change President's functions
15 Powers of President
16 Annual reports
CHAPTER 4
SCOTTISH CHILDREN'S REPORTER ADMINISTRATION
17 Continuing the Scottish Children's Reporter Administration
18 Functions of the Administration
19 Powers of the Administration
20 Restriction on powers
21 Directions by Scottish Ministers
22 Grants
23 Annual reports
24 Accounts
25 Provision of returns etc. to Scottish Ministers
CHAPTER 5
PRINCIPAL REPORTER
26 Office of Principal Reporter
27 Functions of Principal Reporter
28 Power of Scottish Ministers to change Principal Reporter's functions
29 Powers of Principal Reporter
30 Rights of audience
31 Annual reports
CHAPTER 6
OTHER SUPPORTING BODIES
Area support teams
32 Area support teams
Safeguarders
33 Children's hearing to consider appointing safeguarder
34 Sheriff to consider appointing safeguarder
35 Functions of safeguarder
36 Appointment ceases
37 Regulations about safeguarders
CHAPTER 7
MUTUAL ASSISTANCE OBLIGATION
38 Mutual assistance obligation
PART 2
WELFARE OF CHILD AND OTHER GENERAL CONSIDERATIONS
39 Welfare of child and other general considerations
40 Exceptional case where section 2 inapplicable
PART 3
EMERGENCY ORDERS
CHAPTER 1
EMERGENCY PROTECTION ORDERS
Emergency protection orders
41 Emergency protection orders
42 Application
43 Consideration by sheriff
44 Contact directions
45 Parental responsibility directions
46 Notice of emergency protection order
47 Obligations of local authority where child to reside
Review of certain orders
48 Review where child in place of safety
49 Review where order prevents removal of child
Termination of order by Principal Reporter
50 Power of Principal Reporter to terminate order
Variation or termination of order by sheriff
51 Application
52 Children's hearing to provide advice to sheriff
53 Determination by sheriff
Automatic termination where order not implemented
54 Automatic termination where order not implemented within 24 hours
Alternative procedure where application to sheriff not practicable
55 Application to a justice of the peace
56 Power of constable to take and detain
Offences
57 Offences
CHAPTER 2
EMERGENCY ASSESSMENT ORDERS
58 Emergency assessment orders
PART 4
COMPULSORY SUPERVISION ORDERS
CHAPTER 1
GROUNDS FOR CONSIDERING COMPULSORY SUPERVISION OF A CHILD
59 Grounds for considering compulsory supervision of a child
CHAPTER 2
GIVING INFORMATION TO PRINCIPAL REPORTER
60 Duty on local authority
61 Duty on constables: general
62 Duty on constables: copying reports given to the prosecutor
63 Information arising in course of certain court proceedings
64 Lord Advocate's directions
65 Information from other persons
CHAPTER 3
FUNCTIONS OF PRINCIPAL REPORTER
66 Duty to assess case
67 Local authority reports
68 Duties where no referral is made
69 President to arrange hearing
70 President to arrange hearing: antisocial behaviour
71 Provision of documents to President
72 Arranging a children's hearing
CHAPTER 4
INITIAL CHILDREN'S HEARINGS
73 Chairing member: duties
74 Acceptance of grounds
75 Acceptance of some grounds
76 Accepted grounds: consideration by hearing
77 Accepted grounds: application to sheriff or discharge
78 Non-acceptance of grounds
79 Child or recognised carer unable to understand grounds
80 Information about ground given by court
CHAPTER 5
SHERIFF TO ESTABLISH GROUNDS
Further information
81 Evidence held in connection with crime
Procedure
82 Hearing of application
83 Attendance by child
84 Child's right to attend hearing
85 Representation
86 Warrant to secure attendance
Special cases
87 Ground later accepted: application on direction under section 77 or 78
88 Ground accepted by recognised carers: application on direction under section 79(2)
Determination and other orders
89 Where ground established
Offence by child
90 Application where ground child committed offence: jurisdiction
Sexual abuse cases
91 Sexual abuse cases: evidence before sheriff
92 Sexual abuse cases: evidence on commission
93 Persons to whom special rules apply
94 Matters to which special rules apply
95 Circumstances in which sheriff may allow evidence in sexual abuse cases
Review by sheriff
96 Application of sections 97 to 105
97 Application for review of a grounds determination
98 Circumstances in which sheriff must review grounds determination
99 Principal Reporter may gather evidence
100 Orders on review
101 Compulsory supervision order must be terminated
102 Where other grounds for considering compulsory supervision established
103 Where President directed to arrange a children's hearing
104 Warrant to secure attendance
105 Interim compulsory supervision order
CHAPTER 6
CHILDREN'S HEARINGS ON GROUNDS
106 Children's hearing to consider ground established before the sheriff
CHAPTER 7
DEFERRAL OF CONSIDERATION
107 Application of sections 108 to 113
108 Warrant to secure attendance
109 Interim compulsory supervision order
110 Medical examination order
111 Excusal from attendance at subsequent hearing
112 President must arrange hearing
113 Subsequent hearing: deferral of decision
CHAPTER 8
COMPULSORY SUPERVISION ORDERS
Compulsory supervision orders
114 Compulsory supervision orders
Residence
115 Order dealing with place or places at which child is to reside
116 Secure accommodation authorisation
Conditions
117 Conditions
118 Movement restriction conditions
119 Circumstances in which movement restriction condition may be imposed
Duties on local authorities
120 General duty of local authority
121 Duty to secure or facilitate services from elsewhere
122 Duty where child to reside in certain places
CHAPTER 9
REVIEW OF COMPULSORY SUPERVISION ORDERS
Requirement for review
123 Requirement for review of compulsory supervision order
124 Excusal from attendance
125 Duty on relevant local authority to require review
126 Duties on children's hearing where review required under section 125
127 Right of child or recognised carer to require review
128 President's duty to initiate a review
129 Duty to initiate a review if child to be taken out of Scotland
130 Review: secure accommodation authorisation
Functions of President and children's hearing
131 Application of sections 132 and 133
132 President's duty to arrange hearing
133 Powers of children's hearing on review
Enforcement of local authority's duties
134 Breach of duties imposed by sections 120 to 122
135 Application for order
136 Order for enforcement
Review where new grounds referred
137 Referral where child already subject to compulsory supervision order
Duration of compulsory supervision order
138 General consideration
139 Maximum duration
140 Automatic termination
Expedited initial hearing where child arrested
141 Expedited initial hearing where child arrested
Regulations
142 Regulations
PART 5
WARRANTS AND ANCILLARY ORDERS
CHAPTER 1
WARRANTS TO SECURE ATTENDANCE
143 Warrants to secure attendance
CHAPTER 2
INTERIM COMPULSORY SUPERVISION ORDERS
144 Interim compulsory supervision orders
145 Extension of order
CHAPTER 3
MEDICAL EXAMINATION ORDERS
146 Medical examination orders
147 Extension of order
CHAPTER 4
SECURE ACCOMMODATION AUTHORISATIONS
148 Secure accommodation authorisations
149 Regulations: further provision about orders
150 Regulations: procedure etc.
PART 6
CHILDREN'S HEARINGS
CHAPTER 1
BUSINESS MEETINGS
151 President's power to refer certain matters for pre-hearing consideration
152 Notice of referral by President
153 Consideration of matter
154 Decision on consideration of matter
CHAPTER 2
PROCEDURE
Provision of documents to President
155 Provision of documents to President in certain cases
156 Provision of additional reports to President
Provision of documents by President
157 Application of sections 158 to 160
158 Provision of documents to constituting members of children's hearing
159 Provision of documents to child
160 Provision of documents to recognised carers of child
Provision of documents: directions
161 Provision of documents: child capable of understanding
162 Provision of documents: no risk to child's welfare
163 Provision of documents: recognised carer
164 Provision of documents: no risk to welfare of child or recognised carer
Special case
165 Special case
Rules
166 Power of Scottish Ministers to make rules
Attendance at hearings
167 Child's duty to attend children's hearing
168 Recognised carer's duty to attend children's hearing
169 Power to proceed in absence of recognised carer
170 Power to exclude recognised carer from children's hearing
171 Rights of certain persons to attend children's hearing
Establishing child's age
172 Declaration
173 Determination
174 Age taken to be that declared or determined
Cases remitted under section 49 of Criminal Procedure (Scotland) Act 1995
175 Cases remitted under section 49 of Criminal Procedure (Scotland) Act 1995
176 Cases remitted under section 49(7) of Criminal Procedure (Scotland) Act 1995
Parenting order
177 Parenting order
CHAPTER 3
PUBLISHING RESTRICTIONS
178 Protected information
179 Publication of protected information: offence
PART 7
REVIEWS AND APPEALS
Review of decision of children's hearings by sheriff
180 Application to sheriff for review of decision of children's hearing
181 Procedure
182 Confirmation of determination
183 Overturning of decision
184 Frivolous or vexatious applications
Warrants to secure attendance
185 Warrants to secure attendance
Interim compulsory supervision orders and medical examination orders
186 Interim compulsory supervision orders and medical examination orders
Secure accommodation authorisations
187 Secure accommodation authorisations
188 Secure accommodation authorisation: determination
189 Failure to make secure accommodation authorisation: determination
Compulsory supervision orders: suspension pending review
190 Compulsory supervision orders: suspension pending review
Local authority
191 Local authority
Appeals
192 Appeal from determination of sheriff
193 Appeal to Court of Session from sheriff principal's determination
PART 8
MISCELLANEOUS
Transfers in cases of urgent necessity
194 Transfers in cases of urgent necessity
Proceedings before sheriff under Act
195 Application of section 32 of Sheriff Courts (Scotland) Act 1971
Copies of orders and warrants to be given to President
196 Duty to give President a copy of order or warrant
Consent of child to medical examination or treatment
197 Consent of child to medical examination or treatment
Transfer of staff, property etc.
198 Transfer of staff, property etc.
Absconding
199 Child absconds from place required to stay
200 Child absconds from person's control
201 Offences related to absconding
PART 9
GENERAL
Formal communications
202 Formal communications
Forms
203 Forms
Subordinate legislation
204 Subordinate legislation
205 Negative procedure
206 Affirmative procedure
Interpretation
207 Interpretation
208 Case where Act applies to persons aged between 16 and 18 years
209 References to "decisions of a children's hearing"
210 Meaning of "local authority for the child"
211 Meaning of "relevant local authority for a child"
212 Meaning of "recognised carer of a child"
General
213 Consequential amendments and repeals
214 Ancillary provision
215 Transitional provision etc.
216 Short title and commencement
__________
Schedule 1 - The Children's Panel
Schedule 2 - Scottish Children's Hearings Tribunal
Schedule 3 - The President
Schedule 4 - Scottish Children's Reporter Administration
Schedule 5 - The Principal Reporter
Schedule 6 - Transfer of staff and property to the Tribunal
Schedule 7 - Consequential amendments and repeals