Regulation 9 Secure accommodation as a place of safety under the Act
In cases (other than those in which a children’s hearing or court has previously authorised detention in secure accommodation as a condition of a warrant or order) where–
further to a warrant issued or continued by a children’s hearing under section 45(4) or (5), 63(5), 66(1) or (5), 69(4) or (7) of the Act or an order or warrant issued by the sheriff under 67(1), 68(6) or 68(10) of the Act, a child is taken to and kept in a place of safety provided by a local authority; and
subsequent to the issue of such a warrant or order the chief social work officer of the local authority and the person in charge are satisfied with respect to the same matters referred to in regulation 6(1),
the child may, subject to the following provisions of this regulation, be placed and kept in secure accommodation; and where the child is so placed, the Principal Reporter and any relevant person shall be informed in writing forthwith of this.
Where a child has been placed in secure accommodation in accordance with paragraph (1), the Principal Reporter shall–
where a warrant in respect of the child has been issued under sections 45(4) or 45(5) of the Act, arrange under section 65 of the Act a children’s hearing to consider the child’s case;
where a warrant in respect of the child has been issued under sections 63(5) or 66(1) or 66(5) of the Act, arrange under section 66(5) of the Act a children’s hearing to consider the child’s case within 72 hours of the child being placed in secure accommodation;
where a warrant in respect of the child has been issued under sections 69(4) or 69(7) of the Act, arrange under section 69(1) of the Act a children’s hearing to consider the child’s case within 72 hours of the child being placed in secure accommodation;
where an order in respect of the child has been granted under sections 68(6) or 68(10) of the Act, arrange under sections 66(1) (notwithstanding a warrant under section 68(6) having been issued previously) or 69(1) respectively of the Act a children’s hearing to consider the child’s case within 72 hours of the child being placed in secure accommodation; and
where a warrant has been issued in respect of the child under section 67(1) of the Act, apply within 72 hours of the child being placed in secure accommodation to the sheriff for a warrant under section 67(1) in respect of the child.