Act of Adjournal (Consolidation) 1988

Proceedings against Children

Interpretation

140.  In this rule and in rules 141 to 147—

“the Act of 1937” means the Children and Young Persons (Scotland) Act 1937(1);

“the Act of 1968” means the Social Work (Scotland) Act 1968(2);

“child” means a child within the meaning of Part III of the Act of 1968;

“court” means the sheriff sitting as a court of summary jurisdiction.

Application of normal procedure

141.  The procedure in summary proceedings shall apply in relation to proceedings against a child as it applies to proceedings against an adult subject to the provisions of the Acts of 1937, 1968, 1975 and 1980 and this Part.

Commencement of proceedings

142.  Proceedings against a child shall be commenced only on the instructions of the Lord Advocate by complaint at the instance of the procurator fiscal.

Assistance for unrepresented child

143.—(1) If the child is unrepresented in any such proceedings, the parent or guardian of the child may assist him in conducting his defence.

(2) If the parent or guardian cannot be found, or cannot in the opinion of the court reasonably be required to attend, the court may allow any relative or other responsible person to assist the child in conducting his defence.

Procedure

144.  In any case where a child is brought before a court on a complaint the court—

(a)shall explain to the child the substance of the charge in simple language suitable to his age and understanding, and shall then ask the child whether he admits the charge;

(b)if the child has been brought before the court on apprehension, shall inform him that he is entitled to an adjournment of the case for not less than 48 hours;

(c)if the child does not admit the charge, may adjourn the case for trial to as early a diet as is fair to both parties, and in that event shall give intimation or order intimation to be given of such adjourned diet to such child and his parent or guardian: but the court may proceed to trial forthwith if the court considers this to be advisable in the interests of the child or to be necessary to secure the examination of witnesses who would not otherwise be available;

(d)if in any case, where the child is not represented by solicitor or counsel or assisted in his defence under rule 143, the child, instead of asking questions by way of cross-examination, makes assertions, shall then put to the witness such questions as it thinks necessary on behalf of the child and may for this purpose question the child in order to clarify any point arising out of any such assertions;

(e)at the close of the case for the prosecution, shall tell the child that he may give evidence or make a statement and the evidence of any witness for the defence shall be heard;

(f)if satisfied, after trial or otherwise, that the child has committed an offence, shall so inform the child and—

(i)he and his parent or guardian, or other representative, shall be given an opportunity of making a statement;

(ii)shall obtain such information as to the general conduct, home surroundings, school record, health and character of the child as may enable it to deal with the case in his best interests and may remand the child for such enquiry as may be necessary;

(iii)shall take into consideration any report which may be rendered to it by a local authority under section 308;

(g)may receive and consider any written report of a local authority, education authority, or registered medical practitioner without it being read aloud, provided that—

(i)the child shall be told of the substance of any part of the report bearing on his character or conduct which the court considers to be material to the disposal of the case:

(ii)the parent or guardian, or other representative shall, if present, be told the substance of any part of the report which the court considers to be material and which has reference to his character or conduct, or the character, conduct, home surroundings or health of the child; and

(iii)if the child or his parent or guardian, or other representative, having been told the substance of any part of any such report, desires to produce evidence in relation to any matter contained in it, the court, if it thinks the evidence material, shall adjourn the proceedings for the production of further evidence, and shall, if necessary, require the attendance at the adjourned hearing of the person who made the report;

(h)if it considers it necessary in the interests of the child, may require the parent or guardian, or other representative, or the child, as the case may be, to withdraw from the court;

(i)shall, unless it thinks it undesirable to do so, inform the parent or guardian, or other representative, of the manner in which it proposes to deal with the child and shall allow that person to make a statement, if he so desires.

Failure to comply with probation order

145.  In any case where a child is to be brought before a court upon information given on oath that he has failed to comply with any of the requirements of a probation order—

(a)the person under whose supervision the child has been placed shall immediately on being placed on oath inform the procurator fiscal on oath of the respects in which the child has so failed to comply, as far as known to him;

(b)the citation (if any) requiring the appearance of the child shall be accompanied by a notice giving the reasons for the issue of such citation and stating in what respects it is alleged that any one or more of the requirements of the order has or have not been complied with by him, and in any case where the child has been apprehended without prior citation such notice shall be handed to him in court;

(c)the court shall explain to the child in simple language suitable to his age and understanding the effect of the notice and shall then ask him whether he admits having failed to comply with the requirements of the order as alleged; provided that, where the notice has been handed to the child in court, the court may, if it thinks it desirable, adjourn the proceedings for 48 hours before so asking him;

(d)if the child does not admit the alleged failure to comply with the requirements of the order, the proceedings shall thereafter be conducted and the matter shall be determined by the court in like manner as if the same were a matter which had arisen for determination upon the original complaint.

Remand

146.  The court may from time to time and at any stage of a case remand a child for information to be obtained with respect to him.

Separation of children at sittings

147.—(1) The court shall take steps so far as possible to prevent children attending sittings of the court from mixing with one another.

(2) If this cannot be achieved by holding separate sittings or fixing different hours for the different cases and types of cases coming before it, the court may order extra waiting rooms to be brought into use or may provide for an attendant in the waiting room or rooms.