Rule 3.47 Hearing on evidenceF10I1

If, at a hearing on evidence (or any adjournment or continuation thereof under rule 3.49), the section 67 grounds (or as they may be amended) are no longer in dispute, the sheriff may determine the application without hearing evidence.

In the case of F2every section 67 ground, the sheriff shall, in relation to any ground F3... which is in dispute, hear evidence tendered by or on behalf of the Principal Reporter, including evidence given pursuant to an application granted under rule 3.23.

At the close of the evidence led by the Principal Reporter in a case where it is disputed that the F4ground set out in section 67(2)(j) of the 2011 Act applies, the sheriff shall consider whether sufficient evidence has been led to establish that F5ground and shall give all the parties an opportunity to be heard on the question of sufficiency of evidence.

Where the sheriff is not satisfied that sufficient evidence has been led as mentioned in paragraph (2), he shall make a F6determination to that effect.

Paragraph (4A) applies where—

The child, the relevant person and any safeguarder may give evidence and may, with the approval of the sheriff, call witnesses with regard to the ground in question.

Where the sheriff excuses the child from attending all or part of the hearing in accordance with section 103(3) of the 2011 Act, the following persons shall be permitted to remain during the absence of the child—

Subject to paragraph (7), the sheriff may exclude any person, including the relevant person, while any child is giving evidence if the sheriff is satisfied that this is necessary in the interests of the child and that–

Where the relevant person is not legally represented at the hearing and has been excluded under paragraph (6), the sheriff shall inform that relevant person of the substance of any evidence given by the child and shall give that relevant person an opportunity to respond by leading evidence or otherwise.

Where evidence F9... has been heard in part and a safeguarder thereafter becomes a party to proceedings, the sheriff may order the evidence to be reheard in whole or in part.