Explanatory Notes

Children’s Hearings (Scotland) Act 2011

2011 asp 1

6 January 2011

Commentary on Sections

Part 6 – Investigation and Referral to Children’s Hearing

 Investigation and determination by Principal Reporter

Section 69 – Determination under section 66: referral to children’s hearing

94.This section provides that, where the Principal Reporter is satisfied that a Children’s Hearing is required; the reporter must arrange the hearing. Subsection (3) provides that when the reporter is satisfied that a hearing is required for a child who is detained in police custody, the reporter must arrange for a Children’s Hearing to take place on the third day after the reporter received the referral from the police. Subsections (4) and (5) provide that the reporter must request a report on the child from the relevant local authority unless the reporter has already done so as part of an initial investigation, in which event the reporter may request supplementary information from the local authority.