Section 6 Evidence on applications under s. 9 of Guardianship of Minors Act 1971.C4C1

If the court dealing with an application under F1section 5 or 9 of the Guardianship of Minors Act 1971 or section 1(3) or 3(3) of this Act requests a local authority to arrange for an officer of the authority to make to the court a report, orally or in writing, with respect to any specified matter (being a matter appearing to the court to be relevant to the application), or requests a probation officer to make such a report to the court, it shall be the duty of the local authority or probation officer to comply with the request.

A report made in pursuance of subsection (1) above to a magistrates’ court shall be made to the court at a hearing of the application unless it is in writing in which case—

A magistrates’ court may and, if requested to do so at the hearing by a party to the proceedings or his counsel or solicitor, shall, require the officer by whom the report is made to give evidence of or with respect to the matters referred to in the report and if the officer gives such evidence, any party to the proceedings may give or call evidence with respect to any such matter or any matter referred to in the officer’s evidence.

A magistrates’ court may take account of—

in so far as the statement or evidence is, in the opinion of the court, relevant to the application, notwithstanding any enactment or rule of law to the contrary.

Where for the purpose of subsection (1) above a magistrates’ court adjourns the hearing of an application, then, subject to F3section 54(2) of the Magistrates’ Courts Act 1980 (which provides for the notice required of a resumed hearing), the court may resume the hearing at the time and place appointed notwithstanding the absence of both or all of the parties.

Section 2(8) above shall apply in relation to this section as it applies in relation to section 2.

A single justice may request a report under subsection (1) of this section before the hearing of the application, but in such a case the report shall be made to the court which hears the application, and the foregoing provisions of this section shall apply accordingly.