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Book
Author Norrie, Kenneth McK. (Kenneth McKenzie), 1959- author

Title Children's hearings in Scotland / by Kenneth McK. Norrie, LL.B., Ph.D., F.R.S.E. Professor of Law at the University of Strathclyde
Edition Third edition
Published Edinburgh W. Green, 2013

Copies

Location Call no. Vol. Availability
 MELB  KL 227.1 B2 Nor/Ghi 2013  AVAILABLE
Description xxxvii, 538 pages ; 24 cm
Contents Contents note continued: Appeals Against Decision Affecting Contact or Permanence Orders -- Appeals Against Decision to Implement or Not to Implement Secure Accommodation Authorisation -- Appeals From the Sheriff -- Appealable Decisions -- Title -- The Court Appealed to -- Grounds of Appeal -- Procedure -- Appeals with Special Rules -- ch. Fifteen Emergency Protection of Children -- Introduction -- The Grounds for Granting a CPO -- Section 39: Reasonable Grounds for Believing Harm -- Section 38: Frustration of Enquiries -- The Sheriff's Decision -- Making a CPO on Application for a Child Assessment Order -- Matters Authorised -- Ancillary Measures Attached to CPO -- Information Non-Disclosure Directions -- Contact Directions -- Parental Responsibilities and Parental Rights Directions -- Review of CPO -- Review by Children's Hearing: Second Working Day Hearing -- Review by Sheriff -- Review by Sheriff After Children's Hearing's Review -- Advice Hearings -- Termination of CPO --
Contents note continued: Deferring Making a Decision -- Making an Interim Compulsory Supervision Order -- Making a Medical Examination Order -- Other Decisions on Deferral -- Discharging the Referral -- Effect of Discharge -- Making a Compulsory Supervision Order -- Other Decisions -- Suspension of Decision -- Specifying When a Review is to Take Place -- Educational Referrals -- Parenting Orders -- ch. Eleven Compulsory Supervision Orders -- Requiring the Child to Reside in a Specified Place -- Non-Disclosure of Child's Place of Residence -- Movement Restriction Condition -- Authorising Secure Accommodation -- Conditions to be Satisfied -- Removal of Child from Secure Accommodation -- Placement in Secure Accommodation Without Authority of a Children's Hearing -- Duties Towards Children in Secure Accommodation -- Requiring Medical Examination or Treatment -- Direction Regulating Contact -- Any Other Specified Condition -- Requirements on Local Authorities --
Contents note continued: Dispensing with the Evidence -- The Sheriff's Decision -- Grounds Found Established -- Grounds Found Not Established -- Amending the Statement of Grounds -- Subsequent Review of Grounds Determination -- When and By Whom an Application for Review of Grounds Determination may be made -- The Conditions for Making the Application -- Procedure for Reviewing Grounds Determination -- Outcome of the Review -- New Grounds Established at Review of Grounds Determination -- ch. Nine Decision-Making At The Hearing -- Introduction -- Discussion of the Child's Circumstances and Needs -- Extent of the Discussion -- Discussing Adoption and Permanence -- Making the Decision -- The Overarching Principles: General -- The Paramountcy of the Child's Welfare -- The Child's Views and Effective Participation -- Minimum (Proportionate) Intervention -- Stating the Decision -- Notification of the Decision -- ch. Ten Disposal of The Referral -- Introduction --
Contents note continued: Proposal to Remove Child from Scotland -- Child Subject to Secure Accommodation Authorisation -- Transfer of Child in Case of Urgent Necessity -- Return of Fugitive Child -- Powers and Duties of Children's Hearing on Review -- Deferring the Decision -- Termination of the Compulsory Supervision Order -- Variation of the Existing Order -- Other Outcomes at Review Hearings -- Enforcing the Local Authority's Duties -- Review of Relevant Person Status -- Review of Contact Directions: Section 126 Hearings -- ch. Fourteen Appeals -- Introduction -- General Appeals from the Hearing to the Sheriff -- Title to Appeal -- Timescale -- Procedure -- Grounds of Appeal -- Disposal of the Appeal -- Appeal Rejected -- Appeal Allowed -- Frivolous or Vexatious Appeals -- Suspension of Compulsory Supervision Order Pending Appeal -- Other Appeals to the Sheriff -- Appeals Against Relevant Person Determination --
Contents note continued: Remit by the Court: s.49 of the Criminal Procedure (Scotland) Act 1995 -- Investigating the Child's Circumstances -- Deciding Whether to Arrange a Children's Hearing -- Applying for a Parenting Order -- Decision Not to Arrange a Children's Hearing -- Decision to Arrange a Children's Hearing -- Notification of Children's Hearings and Supply of Documents -- Notification of and Information to be Provided for Children's Hearings -- Information to be Supplied for Grounds Hearings -- Information to be Supplied at Hearings After Deferral and After Grounds Established -- Information to be Supplied at Review Hearings -- Children's Hearings Held to Review Contact Directions -- Children's Hearings Held to Review Child Protection Order -- Other Hearings -- ch. Five Pre-Hearing Panels And Deemed Relevant Persons -- Introduction -- Arranging a Pre-Hearing Panel -- Notification of and Information Provided for Pre-Hearing Panels -- Right to Attend Pre-Hearing Panels --
Contents note continued: Termination on the Eighth Working Day -- Non-Implementation of the Order -- Termination or Non-Determination at Review -- Termination of Order by Reporter -- Emergency Protection in the Absence of a Sheriff -- Justice of the Peace Orders -- Emergency Protection by a Constable -- Offences in Connection with Emergency Protection Measures
Contents note continued: ch. Twelve Advice And Remit Hearings -- Introduction -- Criminal Cases -- Child Not Currently Subject to Compulsory Supervision Order -- Person Aged 16 or Over Not Currently Subject to Compulsory Supervision Order -- Child Currently Subject to Compulsory Supervision Order -- Procedure at Advice Hearings -- Powers of Advice Hearings; Appointing a Safeguarder -- Remit Hearings -- Non-Criminal Advice Hearings -- Advice Relating to Antisocial Behaviour Orders -- Advice Relating to Adoption and Permanence Orders -- Advice to Permanence Courts --- Section 95 Orders -- Advice in Relation to Child Protection Orders -- ch. Thirteen Review Hearings -- Introduction -- Circumstances in Which a Review Hearing Must be Arranged -- Reviews at Instigation of Reporter -- Local Authority Requiring Review -- Review Required by Child or Relevant Person -- Review Required by Children's Hearing -- Review Required by Court -- Review Conducted by the Court --
Contents note continued: Matters to be Considered at Pre-Hearing Panel -- Procedural Matters to be Considered at Pre-Hearing Panel -- Deeming an Individual to be a Relevant Person -- Meaning of "Significant Involvement in the Upbringing of the Child" -- Termination of Deemed Relevant Person Status -- Children's Hearings Making Deemed Relevant Person Decisions -- ch. Six Attendance At The Hearing, Privacy And Confidentiality -- Introduction -- The Child -- Excusing the Child from the Duty to Attend -- Ensuring the Attendance of the Child -- The Relevant Person -- Excusing the Relevant Person from the Duty to Attend -- Ensuring the Attendance of the Relevant Person -- Exclusion of the Relevant Person -- Representatives -- Safeguarders -- Journalists -- Persons Attending in an Official Capacity -- Persons Attending with the Chairing Member's Permission -- Other Persons Attending Particular Hearings -- Prohibition on Publication of Proceedings -- Meaning of "Publish" -- Defence --
Contents note continued: f.Close Connection with Domestic Abuser -- g.Close Connection with Sexual Offender -- h.Special Measures Needed to Support Accommodated Child -- i.Special Measures Needed to Support Child Subject to Permanence Order -- j.Child Committed an Offence -- k.Misuse of Alcohol -- l.Misuse of Drugs -- m.Conduct Seriously Adverse to Health, Safety or Development -- n.Child Beyond Parental Control -- o.Failure to Attend School Regularly -- p.Forced Civil Partnership -- q.Forced Marriage -- ch. Four Reporters' Duties Prior To The Hearing -- Introduction -- Referral of Child to Reporter -- Referral from the Local Authority -- Referral from the Police -- Referral from Other Persons -- Referral or Remit by the Court: General -- Referral by the Court: s.62 of the Children's Hearings (Scotland) Act 2011 -- Referral by the Court: s.48 of the Criminal Procedure (Scotland) Act 1995 -- Referral by the Court: s.12 of the Antisocial Behaviour etc. (Scotland) Act 2004 --
Contents note continued: Permitting Publication -- Confidentiality -- Non-Disclosure Requests -- ch. Seven The Grounds Hearing -- Introduction -- Introductions and Explanations -- Explaining the Section 67 Grounds -- To Whom the Explanation Must be Given -- What Must be Explained -- Acceptance or Denial of Grounds -- What Must be Accepted -- Acceptance of All of the Specified Grounds -- Denial of the Grounds -- Acceptance in Part -- Lack of Understanding -- ch. Eight Application To The Sheriff To Establish Grounds -- Introduction -- Timescale -- Jurisdiction -- Attendance at the Sheriff Court Hearing -- The Child and Relevant Person -- Excusing the Child from Attending -- Ensuring the Child's Presence -- The Attendance of Journalists -- Preliminary Matters -- Appointing a Safeguarder -- Pleas to the Competency of the Application -- Leading the Evidence -- Rules of Evidence -- Evidence to Establish the Ground in s.67(2)(j) -- Child Witnesses -- Evidence of Sexual Behaviour --
Machine generated contents note: ch. One Introduction -- History -- Philosophy of the System -- Legal Aid -- Automatic Legal Aid -- Children's Legal Aid -- Advice and Assistance -- ABWOR -- Special Urgency Legal Aid -- Summary -- Conclusion -- ch. Two The Personnel Of The Children'S Hearing System -- The Children's Panel -- Role of the Chairing Member -- The Reporter -- The Child -- Relevant Persons -- Safeguarders -- Role of the Safeguarder -- Term of Appointment -- Fees and Expenses of Safeguarder -- The Local Authority -- Local Authorities' Duties to Implement Compulsory Supervision Order -- Challenging the Designation as Implementation Authority -- ch. Three The Section 67 Grounds -- Introduction -- The Section 67 Grounds -- a.Lack of Parental Care -- b.Victim of Schedule 1 Offence -- c.Close Connection with Schedule 1 Offender -- d.Membership of Household of Schedule 1 Victim -- e.Exposure to Person Whose Conduct Makes Risk of Harm Likely --
Notes Actually published by W. Green
Formerly CIP. Uk
Bibliography Includes bibliographical references and index
Subject Juvenile courts -- Scotland.
Juvenile justice, Administration of -- Scotland.
Social work with juvenile delinquents -- Scotland.
LC no. 2013432596
ISBN 0414018095
9780414018099