Part 10Proceedings before sheriff
Ground accepted before application determined
106Application by virtue of section 94: ground accepted by relevant person before determination
1
This section applies where—
a
an application to the sheriff is made by virtue of section 94(2)(a) in relation to a ground on the basis that the child would not understand, or has not understood, an explanation given in compliance with section 90(1)(a), and
b
before the application is determined the ground is accepted by each relevant person in relation to the child who is present at the hearing before the sheriff.
2
The sheriff may determine the application without a hearing unless—
a
a person mentioned in subsection (3) requests that a hearing be held, or
b
the sheriff considers that it would not be appropriate to determine the application without a hearing.
3
The persons are—
a
the child,
b
a relevant person in relation to the child,
c
if a safeguarder has been appointed, the safeguarder,
d
the Principal Reporter.
4
If the sheriff determines the application without a hearing, the sheriff must do so before the expiry of the period of 7 days beginning with the day on which the application is made.