Rule 3.58E Procedure at hearing of appealF1

(1)

At any appeal the sheriff may hear evidence where he or she considers it appropriate to do so.

(2)

The sheriff must hear the appellant or the appellant’s representative and any party to the appeal before examining—

(a)

the chief social work officer;

(b)

the authors or compilers of any reports or statements;

(c)

the Principal Reporter.

(3)

Where the nature of the appeal or of any evidence is such that the sheriff is satisfied that it is in the interests of the child not to be present at any stage of the appeal, the sheriff may exclude the child from the hearing during that stage.

(4)

Where the sheriff excludes a child, any relevant person or representative of the child will be permitted to remain during the child’s absence.

(5)

Where the sheriff is satisfied that—

(a)

it is necessary in order to obtain the views of the child in relation to the hearing; or

(b)

the presence of the person or persons in question is causing, or is likely to cause, significant distress to the child,

the sheriff may exclude the persons mentioned in paragraph (6) from the hearing for so long as the sheriff considers it necessary in the interests of the child.

(6)

Those persons are—

(a)

a relevant person;

(b)

any representative of a relevant person.

(7)

After the exclusion of any person under paragraph (5), the sheriff must—

(a)

explain the substance of what has taken place in that person’s absence;

(b)

give that person an opportunity to respond to any evidence given by the child by leading evidence or otherwise.

Annotations

Textual amendments

F1: Ch. 3 Pt. 8B inserted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(7)

Notes on Part CHAPTER 3

Textual amendments

F1: Ch. 3 heading substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(9)