Children's Hearings (Scotland) Act 2011

[^key-ac4bdf17a0a62128c1fc9dc7414ae109]: Words in Sch. 1 para. 12(1) omitted (26.1.2015) by virtue of Children and Young People (Scotland) Act 2014 (asp 8), ss. 88(2)(a)(i), 102(3); S.S.I. 2014/353, art. 2(2)(3), Sch.

[^key-8dc9bbf9ae0d03c8090fc9aae26ce5a3]: Words in Sch. 1 para. 13(1) renumbered as Sch. 1 para. 13(1)(a) (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8) , ss. 88(2)(b)(i) , 102(3) ; S.S.I. 2014/353 , art. 2(2) (3) , Sch.

[^key-47d5b0410049a6a6ecd8eeccbd29ae1e]: Sch. 1 para. 13(1)(b) and preceding word "and" inserted (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8) , ss. 88(2)(b)(ii) , 102(3) ; S.S.I. 2014/353 , art. 2(2) (3) , Sch.

[^key-e73f1bad4b3d824d0461e2e2b791a6c9]: Words in Sch. 1 para. 13(4)(a) substituted (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8) , ss. 88(2)(b)(iii) , 102(3) ; S.S.I. 2014/353 , art. 2(2) (3) , Sch.

[^key-aa05751ff2ba38d30e69ee7db7c9dc6c]: Words in Sch. 1 para. 13(7) inserted (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8) , ss. 88(2)(b)(iv) , 102(3) ; S.S.I. 2014/353 , art. 2(2) (3) , Sch.

[^key-afd15576c419f0208f906f7423f067d4]: Sch. 1 para. 14(9)(10) inserted (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 89(2), 102(3); S.S.I. 2014/353, art. 2(2)(3), Sch.

[^key-97e9ee28a6caeccc1c88530e8d9352e0]: S. 81A inserted (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 84(3), 102(3); S.S.I. 2014/353, art. 2(2)(3), Sch.

[^key-d1aa3a2adec6f6df8580e2f0c35cdadd]: Words in Sch. 6 inserted (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.

[^key-7ba0821c82d98ac9a281e4d421e46d11]: Word in Sch. 6 omitted (30.9.2015) by virtue of Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(b); S.S.I. 2015/317, art. 2, Sch.

[^key-e585c97aa68ba4cd3c60d32c29dce4a0]: Words in s. 19(1)(a) substituted (1.1.2016) by The Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015 (S.S.I. 2015/402), art. 1, Sch. para. 7(2) (with art. 5)

[^key-87bbebff0b37e8658ee10141c195860d]: Words in s. 162(8)(d) substituted (1.1.2016) by The Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015 (S.S.I. 2015/402), art. 1, Sch. para. 7(3) (with art. 5)

[^key-919bb960fb0da1ea3ea0151303cae22d]: S. 168 applied by 1989 c. 41, s. 25(8A) (as inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(6))

[^key-76061e94f880fd3a1a8783de18d44cae]: S. 169(1)-(4) applied by 1989 c. 41, s. 25(8A) (as inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(6))

[^key-8c60f20bec8be2862b34e7701a403ebd]: S. 65(1) substituted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 40(a)(i); S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-230c1e4d5f430a750e86d97ba3b0281b]: Words in s. 65(2) substituted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 40(a)(ii); S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-64ee763685ceb85d2f8492ac33b3f5ff]: S. 66(1)(a)(vii) substituted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 40(b); S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-34f6b62a0d7eedfea58294eb67b393f6]: Words in s. 68(4)(e)(vi) substituted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 40(c); S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-45e1dfc6fea55ed7b9e6ea400f67fa8a]: S. 69(3) substituted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 40(d); S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-a988afcf702eada1617a1e0115f75f9e]: Words in s. 72(2)(b) substituted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 40(e); S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-d2b7864c5253b4a79337387f4857a858]: Words in s. 169(2) repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 24; S.S.I. 2017/345, art. 3, sch.

[^key-4aeb3f62dc219f9659025e55dc18eade]: Words in s. 170(2) repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 24; S.S.I. 2017/345, art. 3, sch.

[^key-3dcca2d587727d3febf98ea3ff3fcefd]: S. 66(2)(a) modified (29.11.2019) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 3, 84(2); S.S.I. 2019/349, reg. 2(a) (with reg. 3)

[^key-ca8acde30564a32ae5e35837a1213b5c]: Ss. 179A-179C inserted (29.11.2019) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 27(1), 84(2); S.S.I. 2019/349, reg. 2(b)

[^key-000d75d86101913390846f697074df33]: S. 68(3A) inserted (29.11.2019) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 27(2), 84(2); S.S.I. 2019/349, reg. 2(b)

[^key-6678d6107d779476287690ae41009e25]: S. 122(4)-(7) in force at 7.9.2020 by S.S.I. 2020/243, art. 2(a)

[^key-f978686a3e323aa463ed6a9388357a27]: S. 122(1)-(3) in force at 21.11.2020 by S.S.I. 2020/243, art. 2(b)

[^key-cf2b739efe3da882d220555305c3d5d9]: S. 81B inserted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 25(3), 34(2); S.S.I. 2020/412, reg. 2(2)(c)

[^key-ba049326f5f49906eb7e15617b62cd70]: S. 132A inserted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 25(5), 34(2); S.S.I. 2020/412, reg. 2(2)(c)

[^key-bea482a733c35940c5011b80acf040ff]: S. 29A(3)-(5) inserted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 14(2), 34(2); S.S.I. 2020/412, reg. 2(2)(b)

[^key-bf57265859092aee758ffebea3f64abe]: S. 79(5ZA) inserted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 25(2)(b), 34(2); S.S.I. 2020/412, reg. 2(2)(c)

[^key-92a23f499e4dae631e76bba6d9773a25]: S. 79(2)(ba)(bb) inserted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 25(2)(a), 34(2); S.S.I. 2020/412, reg. 2(2)(c)

[^key-6ffd140c55b4df87ebf5f2a8f70036bf]: S. 132(3A) inserted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 25(4)(a), 34(2); S.S.I. 2020/412, reg. 2(2)(c)

[^key-25718f1e852058c0bb4bbb2198b9f6e0]: S. 132(6)-(8) inserted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 25(4)(b), 34(2); S.S.I. 2020/412, reg. 2(2)(c)

[^key-089604e484ecf8a7138a9e41d4ce9bb0]: S. 132 heading substituted (26.7.2021) by virtue of Children (Scotland) Act 2020 (asp 16), ss. 25(4)(c), 34(2); S.S.I. 2020/412, reg. 2(2)(c)

[^key-82d62e3a934b55c122b0d2df320e9de3]: S. 160(4)(b) substituted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 26(2), 34(2); S.S.I. 2020/412, reg. 2(2)(d)

[^key-dc855b0be8ccf5efe6a1936c43b4c180]: S. 164(3A) inserted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 26(3)(c), 34(2); S.S.I. 2020/412, reg. 2(2)(d)

[^key-97b9d5d4e98ade6d449f6e06e8b2576f]: S. 164(1)(a)(b) substituted for words in s. 164(1) (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 26(3)(a), 34(2); S.S.I. 2020/412, reg. 2(2)(d)

[^key-10f12265d31e23f80e61867b2bd36906]: S. 164(3)(e) inserted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 26(3)(b), 34(2); S.S.I. 2020/412, reg. 2(2)(d)

[^key-eaca9b999e21a80271c40fb48d993ee8]: S. 91(3A) inserted (17.12.2021) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 77(2), 84(2); S.S.I. 2021/449, reg. 2

[^key-32215ccd7d20f51634addbd35825bba4]: S. 119(3A) inserted (17.12.2021) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 77(3), 84(2); S.S.I. 2021/449, reg. 2

[^key-312ad3de7fc8075db9e236104bbd6b58]: S. 138(3A) inserted (17.12.2021) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 77(4), 84(2); S.S.I. 2021/449, reg. 2

[^key-89bfb0d565a145a82c87c4414bfad9b5]: Ss. 146-148 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(6)

[^key-6d2bfbad4601bc4d7238d30ed21f0c60]: S. 143 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(3) (as amended (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 27(2)(a); S.S.I. 2025/115, reg. 2(2)(f))

[^key-3c6736c596c3190bd3693e72b9a332ef]: S. 144 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(4) (as amended (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 27(2)(b); S.S.I. 2025/115, reg. 2(2)(f))

[^key-5fb887447a74372753b827e1252af4cd]: S. 145 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(5)

[^key-465db512c52bc7a927e968950fe1fd79]: S. 168 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(7)

[^key-28a186f9935355d6487b114f78eade9d]: S. 169 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(8)

[^key-737ac2e5c69c81e2b819b20251c67760]: S. 170 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(9)

[^key-4fb79b2ad95511505a133e998e65caf7]: S. 171 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(10)

[^key-2afb6ed8ba8d86c2d1d271dc9e7da34e]: S. 199 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(11)

[^key-076c00066146088290d4c95d4905eb81]: S. 202 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(12) (as amended (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 27(2)(c); S.S.I. 2025/115, reg. 2(2)(f))

[^key-cad660c7cea73381dd0f0c0b85cf28b0]: Words in s. 6(3)(a) inserted (1.11.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 42(2), 59(1)

[^key-45d2173ee38374be0bb457a84bde37ba]: S. 187 repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 13(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-08bb360684a3938b48b22e1a5a1ac785]: S. 188 repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 13(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-0f717088b8cbe76c3ddd2243cbf1c358]: S. 25(3) inserted (22.6.2025) by Children (Scotland) Act 2020 (asp 16), ss. 30(7), 34(2); S.S.I. 2025/157, reg. 2

[^key-5907089f80a5ca0f44e4eee46829c923]: S. 190(2)(2A) substituted for s. 190(2) (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 29(2)(b), 38(3); S.S.I. 2025/115, reg. 2(2)(c)

[^key-176b088ca0ce1e50c42b31a68f936cbd]: Words in s. 190(1) substituted (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 29(2)(a), 38(3); S.S.I. 2025/115, reg. 2(2)(c)

[^key-ecdfcab13bb76579a818b1fac68e74b1]: S. 179D inserted (15.12.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 9(2), 38(3); S.S.I. 2025/379, reg. 2(1)

[^key-8837e5340cd59b17b6ae6b1c40027c42]: Ss. 168-171 applied (with modifications) (9.2.2026) by The Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 (S.S.I. 2026/31), regs. 1, 36

[^key-e1e03d2829b96eb494fa344769cc5160]: S. 199(3)-(9) repealed (28.8.2024 for specified purposes, 5.5.2025 for specified purposes, 30.3.2026 for specified purposes) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 1(2)(b), 38(3); S.S.I. 2024/211, reg. 2(a) (with reg. 3); S.S.I. 2025/115, reg. 2(1)(a); S.S.I. 2025/379, reg. 2(2)(a)

[^key-11dfdfc00036b4f99219d94efa7179df]: Word in s. 199(1) substituted (28.8.2024 for specified purposes, 5.5.2025 for specified purposes, 30.3.2026 for specified purposes) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 1(2)(a)(i), 38(3); S.S.I. 2024/211, reg. 2(a) (with reg. 3); S.S.I. 2025/115, reg. 2(1)(a); S.S.I. 2025/379, reg. 2(2)(a)

[^key-cc2bb4bc6b3550232148dfde08193474]: Words in s. 199(1) substituted (28.8.2024 for specified purposes, 5.5.2025 for specified purposes, 30.3.2026 for specified purposes) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 1(2)(a)(ii), 38(3); S.S.I. 2024/211, reg. 2(a) (with reg. 3); S.S.I. 2025/115, reg. 2(1)(a); S.S.I. 2025/379, reg. 2(2)(a)

Power to make regulations about contracts for provision of children's legal aid

Power to make regulations about contracts for provision of children's legal aid

29A

• (1) A children’s hearing must, when making, varying or continuing a compulsory supervision order in relation to a child, consider whether to include in the order a measure of the type mentioned in section 83(2)(g).

• (2) A sheriff must, when varying or continuing a compulsory supervision order in relation to a child, consider whether to include in the order a measure of the type mentioned in section 83(2)(g).

• (3) In considering whether to include a measure of the type mentioned in section 83(2)(g), the children's hearing or, as the case may be, the sheriff must in particular consider the inclusion of a measure regulating contact between the child and any person mentioned in subsection (4) with whom the child does not reside.

• (4) The persons referred to in subsection (3) are—

• (a) a relevant person in relation to the child,

• (b) a sibling of the child,

• (c) any other person with whom the child has resided and with whom the child has an ongoing relationship with the character of a relationship between siblings.

• (5) For the purposes of subsection (4), two people are siblings if they have at least one parent in common.

Determination that deeming of person as relevant person to end

Interpretation

Relevant person's duty to attend children's hearing

Determination of matter referred under section 79

Referral where failure to provide education for excluded pupil

Further extension or variation of interim compulsory supervision order

Principal Reporter's duty to initiate review

Implementation of compulsory supervision order: general duties of implementation authority

Interpretation

Meaning of “relevant local authority”

Cases involving sexual behaviour: evidence

Children's hearing: disclosure of information

Interpretation

Ancillary provision

81A

• (1) This section applies where a matter mentioned in section 79(5A)(a) is referred to a meeting of a pre-hearing panel.

• (2) Where the matter is referred along with any other matter, the pre-hearing panel must determine it before determining the other matter.

• (3) The pre-hearing panel must determine that the individual is no longer to be deemed to be a relevant person if it considers that the individual does not have (and has not recently had) a significant involvement in the upbringing of the child.

• (4) Where the pre-hearing panel makes a determination as described in subsection (3), section 81(4) ceases to apply in relation to the individual.

• (5) Where, by virtue of section 80(3), the children's hearing is to determine a matter mentioned in section 79(5A)(a), references in subsections (2) to (4) to the pre-hearing panel are to be read as references to the children's hearing.

Enforcement of orders

Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995

Cases involving sexual behaviour: evidence

Ancillary provision

Children's Hearings Scotland

Meaning of “section 67 ground”

Determination of claim that person be deemed a relevant person

179A

• (1) This section applies—

• (a) where the Principal Reporter is required to make a determination in relation to a child under section 66(2) and has information which suggests that—

• (i) the child has committed an offence, or

• (ii) the child, while under 12 years of age, has acted or behaved in a way that falls within subsection (2), or

• (b) where, by virtue of section 71(3)(b) or 130, the Principal Reporter is required to arrange a children's hearing in relation to a child who has pled guilty to, or been found guilty of, an offence.

• (2) Action or behaviour falls within this subsection if it—

• (a) is—

• (i) physically violent,

• (ii) sexually violent or sexually coercive, or

• (iii) dangerous, threatening or abusive, and

• (b) causes harm to another person.

• (3) A person mentioned in subsection (4) may request the Principal Reporter to provide the person with information about the action taken in relation to the offence or, as the case may be, the action or behaviour mentioned in subsection (1)(a)(ii).

• (4) The persons are—

• (a) any person against whom the offence mentioned in subsection (1)(a)(i) or (b) appears to have been committed,

• (b) any person who appears to have been harmed by the action or behaviour mentioned in subsection (1)(a)(ii),

• (c) where a person mentioned in paragraph (a) or (b) is a child, any relevant person in relation to that child,

• (d) any other person or class of persons the Scottish Ministers may specify by regulations (subject to any conditions specified in the regulations).

• (5) The Principal Reporter may inform any person mentioned in subsection (4)(a), (b) or (c) of the person's right to request information under subsection (3).

• (6) Subsection (7) applies where—

• (a) the Principal Reporter is required under section 68(3)(a) to provide information to a person, and

• (b) that person is entitled to request information under subsection (3).

• (7) A request made by the person for information under subsection (3) is to be treated as relating only to information which the Principal Reporter is not required to provide to the person under section 68(3)(a).

179B

• (1) The information about the action taken in relation to the offence or, as the case may be, the behaviour mentioned in subsection (1)(a)(ii) of section 179A which may be requested under subsection (3) of that section is—

• (a) in a case mentioned in section 179A(1)(a), information as to whether or not a children's hearing required to be arranged under section 69(2) for the purpose of deciding whether a compulsory supervision order should be made in respect of the child and—

• (i) where such a hearing did not require to be arranged, the information mentioned in subsection (2)(a),

• (ii) where such a hearing did require to be arranged, the information mentioned in subsection (2)(b),

• (b) in a case mentioned in section 179A(1)(b), the information mentioned in subsection (2)(b).

• (2) The information is—

• (a) information as to—

• (i) what determination the Principal Reporter made under section 66(2), and

• (ii) any other action taken by the Principal Reporter (under section 68(5) or otherwise),

• (b) information as to—

• (i) whether a compulsory supervision order has been made in respect of the child or, as the case may be, whether a compulsory supervision order which is already in force in respect of the child has been terminated, varied or continued, or

• (ii) how the referral to the children's hearing was otherwise discharged.

179C

• (1) The Principal Reporter may comply with a request made under section 179A(3) only if satisfied—

• (a) that the provision of the information would not be detrimental to the best interests of the child mentioned in section 179A(1) (or any other child), and

• (b) having regard to the factors mentioned in subsection (2), that it is appropriate in the circumstances of the case to provide the information.

• (2) The factors are—

• (a) the age of the child mentioned in section 179A(1),

• (b) the seriousness of the offence or, as the case may be, the action or behaviour mentioned in section 179A(1)(a)(ii),

• (c) the circumstances in which the offence or action or behaviour took place,

• (d) the effect that the offence or the action or behaviour has had on the person mentioned in section 179A(4)(a) or, as the case may be, section 179A(4)(b), and

• (e) such other factors as the Principal Reporter considers appropriate.

• (3) The Principal Reporter must not, in providing information under subsection (1), provide any more information than is necessary to inform the person who made the request of the action taken in relation to the offence or, as the case may be, the action or behaviour mentioned in section 179A(1)(a)(ii).

Consequential amendments and repeals

Meaning of “section 67 ground”

Determination under section 66: no referral to children's hearing

Ancillary provision

Consequential amendments and repeals

81B

• (1) Subsection (2) applies where the Principal Reporter has referred to a meeting of a pre-hearing panel the matter of whether subsection (2) of section 132A applies to an individual, or individuals, who have requested a review of a compulsory supervision order under that section.

• (2) The pre-hearing panel must discharge the children's hearing that is to be arranged as a result of the request if—

• (a) there is no reason for the children's hearing to be arranged besides the request from the individual, or individuals, in question, and

• (b) the pre-hearing panel determines—

• (i) that section 132A(2) does not apply to the individual, or

• (ii) where its application to more than one individual is in question, that it applies to none of them.

132A

• (1) The Principal Reporter must initiate a review of a compulsory supervision order in relation to a child if requested to do so by an individual who claims to be an individual to whom subsection (2) applies.

• (2) This subsection applies to an individual if—

• (a) the individual did not attend the children's hearing that most recently made a decision in respect of the order (whether that was a decision to make, vary or continue it), and

• (b) either—

• (i) the conditions in subsection (3) are met, or

• (ii) the conditions in subsection (4) are met.

• (3) The conditions referred to in subsection (2)(b)(i) are—

• (a) neither a pre-hearing panel nor a children's hearing made a determination about whether the individual met the criteria to be afforded an opportunity to participate in relation to the children's hearing referred to in subsection (2)(a),

• (b) it is more likely than not that had a pre-hearing panel or children's hearing made a determination about that matter at the relevant time, it would have determined that the individual met those criteria in relation to the children's hearing, and

• (c) the individual was not afforded the rights mentioned in section 79(5ZA) in relation to the children's hearing as the Principal Reporter either did not consider whether, or was not satisfied that, the individual met those criteria in relation to the children's hearing.

• (4) The conditions referred to in subsection (2)(b)(ii) are—

• (a) the Principal Reporter was satisfied at the relevant time, or a pre-hearing panel or children's hearing determined, that the individual met the criteria to be afforded an opportunity to participate in relation to the children's hearing referred to in subsection (2)(a), and

• (b) the individual was not able to participate properly in the children's hearing's decision making as a result of—

• (i) a material failure to treat the individual, or any representative of the individual, in accordance with the rules, or

• (ii) exceptional circumstances.

• (5) For the purposes of this section—

• (a) “the criteria to be afforded an opportunity to participate” means the criteria specified in the rules to be afforded the rights mentioned in section 79(5ZA) in relation to a children's hearing,

• (b) “the relevant time” means—

• (i) the time when the children's hearing referred to in subsection (2)(a) began, or

• (ii) if more than one children's hearing is to be regarded as a single children's hearing by virtue of paragraph (d), the time when any one of them began,

• (c) “the rules” means rules under section 177,

• (d) if the children's hearing referred to in subsection (2)(a) was a subsequent children's hearing arranged as a result of an earlier children's hearing deferring making a decision, they are to be regarded as a single children's hearing.

179D

• (1) The Scottish Ministers must, by regulations, make provision for or in connection with the provision of support services to the persons mentioned in subsection (2).

• (2) Those persons are—

• (a) persons against whom an offence mentioned in section 179A(1)(a)(i) or (b) appears to have been committed,

• (b) persons who appear to have been harmed by the action or behaviour of a child as mentioned in section 179A(1)(a)(ii),

• (c) where persons mentioned in paragraph (a) or (b) are children, relevant persons in relation to those children,

• (d) any other persons or classes of person the Scottish Ministers may specify in the regulations (subject to any conditions specified in the regulations).

• (3) Regulations under subsection (1) must, for the purposes of the provision of support services to persons mentioned in subsection (2), establish or specify a person as a single point of contact for those persons.

• (4) Regulations under subsection (1) may in particular include provision about—

• (a) the support services that may be provided,

• (b) the training and qualifications of the person providing support services,

• (c) the provision of information (including relevant information) to and by the person providing support services, including that information is to be provided in a way that is accessible to the person receiving it,

• (d) the sharing of information with the person providing support services by other persons, including the National Convener, the Principal Reporter, CHS, SCRA, the chief constable of the Police Service of Scotland and local authorities,

• (e) the payment of expenses, fees and allowances to the person providing support services (including who is to be responsible for making such payments).

• (5) Regulations under subsection (1) may also modify sections 179A to 179C to provide for—

• (a) information mentioned in section 179B(1) to be provided to persons mentioned in subsection (2) without the need for those persons to make a request under section 179A(3) (including the circumstances in which such persons may opt out of receiving such information),

• (b) such information to be given by the Principal Reporter to the person providing support services (either at the same time as, or instead of, to persons mentioned in subsection (2)),

• (c) the circumstances in which such information is to be provided to persons mentioned in subsection (2) by the person providing support services rather than by the Principal Reporter.

• (6) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—

• (a) the Principal Reporter,

• (b) the National Convener,

• (c) persons who are providing support services to persons in relation to offences perpetrated against or in respect of those persons,

• (d) such other persons as the Scottish Ministers consider appropriate.

• (7) Regulations under subsection (1) are subject to the affirmative procedure.

• (8) In this section—

• “relevant information” includes—information about—the children’s hearings system (including about the interaction of that system with the criminal justice system),the action that can be taken by a children’s hearing (including about the measures that can be included in a compulsory supervision order),the process for reviewing actions taken by a children’s hearing (including the process for reviewing and enforcing compulsory supervision orders), andwhere regulations under subsection (1) make provision mentioned in subsection (5)(b) or (c), information requested under section 179A(3),

• “support services” (other than in subsection (6)(c)) includes the provision of relevant information to persons mentioned in subsection (2) and otherwise has the meaning given in regulations under subsection (1).