Part 9Children’s hearing
Grounds hearing
93Grounds not accepted: application to sheriff or discharge
1
This section applies where—
a
at least one of the grounds specified in the statement of grounds is accepted but the grounds hearing does not consider that it is appropriate to make a decision on whether to make a compulsory supervision order on the basis of the ground or grounds that have been accepted, or
b
none of the grounds specified in the statement of grounds is accepted.
2
The grounds hearing must—
a
direct the Principal Reporter to make an application to the sheriff for a determination on whether each ground that is not accepted by the child and (subject to sections 74 and 75) each relevant person in relation to the child is established, or
b
discharge the referral.
3
Subsections (4) and (5) apply if the grounds hearing gives a direction under subsection (2)(a).
4
The chairing member must—
a
explain the purpose of the application to the child and (subject to sections 74 and 75) each relevant person in relation to the child, and
b
inform the child that the child is obliged to attend the hearing before the sheriff unless excused by the sheriff.
5
If the grounds hearing considers that the nature of the child’s circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency that an interim compulsory supervision order be made, the grounds hearing may make an interim compulsory supervision order in relation to the child.
6
An interim compulsory supervision order made under subsection (5) may not include a measure of the kind mentioned in section 83(2)(f)(i).
7
In subsection (1), “accepted” means accepted by the child and (subject to sections 74 and 75) each relevant person in relation to the child.