Commentary on Sections Ground accepted before application determined Section 105 – Application by virtue of section 93: ground accepted before determination
157.This section applies to applications to the sheriff to establish grounds for referral under section 93(2)(a). If, at the hearing before the sheriff, the child and the relevant person(s) accept the grounds, the sheriff must, unless satisfied in all the circumstances that evidence in relation to the ground should be heard, dispense with hearing the evidence and find the ground established. This does not remove the sheriff’s discretion to hear evidence where the sheriff considers this is necessary.