Commentary on Sections Review of sheriff’s determination Section 114 – Sheriff’s powers on review of grounds determination
168.This section sets out the options available to the sheriff after the sheriff has reviewed the establishment of grounds for referral under section 111. If the sheriff determines that the ground for referral is established, then the sheriff must dismiss the application without further consideration. Subsection (3) provides that if the sheriff finds that one or more of the original grounds are not established, the sheriff must uphold the application, recall the grounds determination and discharge the referral to the Children’s Hearing, in whole or part to the extent that it relates to the ground.