Rule 6.4 Procedure in summary proceedingsI1

Scotland

In a case where a child is brought before a court on a complaint, the sheriff—

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

(i)

the child and his parent, guardian, relative or other responsible person assisting the child, or the person representing the child, shall be given an opportunity to make a statement, and

(ii)

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

(c)

if the sheriff considers it necessary in the interests of the child while considering disposal after conviction, may require the parent, guardian, relative or other responsible person assisting the child, or the person representing the child, or the child, as the case may be, to withdraw from the court.

Annotations

Commencement

I1: Sch. 2 rule 6.4 in force at 1.4.1996, see para. 1(1)