Commentary on Sections Review of sheriff’s determination Section 117 – New section 67 ground established: sheriff to refer to children’s hearing
172.This section applies in cases where the sheriff is reviewing a grounds determination under section 110. It provides that, where the sheriff is satisfied that there is sufficient evidence to establish any ground for referral that was not specified in the statement of grounds that gave rise to the grounds determination, the sheriff must determine that ground to be established. Subsection (2)(b) provides that if the person to whom the grounds determination relates is still a child, the sheriff must direct the Principal Reporter to arrange a Children’s Hearing to consider whether a compulsory supervision order should be made in relation to the child.
173.Subsection (3) provides that the sheriff may make an interim compulsory supervision order for the child if the sheriff is satisfied that the nature of the child’s circumstances is such that urgent action is considered necessary for the protection, guidance, treatment or control of the child. Subsection (4) provides that the sheriff may grant a warrant to secure the child’s attendance at the subsequent Children’s Hearing if the sheriff is satisfied that there is reason to believe that the child would not otherwise attend.