Children's hearings training resource manual: volume 1

Appendix 1 Antisocial Behaviour etc. (Scotland) Act 2004 (Extracts)

Section 4 Antisocial behaviour orders

(1) On the application of a relevant authority, the sheriff may, if satisfied that the conditions mentioned in subsection (2) are met as respects the person to whom the application relates (the "specified person"), make an antisocial behaviour order.

(2) Those conditions are-

(a) that the specified person is at least 12 years of age;

(b) that the specified person has engaged in antisocial behaviour towards a relevant person; and

(c) that an antisocial behaviour order is necessary for the purpose of protecting relevant persons from further antisocial behaviour by the specified person.

(3) For the purpose of determining whether the condition mentioned in subsection (2)(b) is met, the sheriff shall disregard any act or conduct of the specified person which that person shows was reasonable in the circumstances.

(4) Where the specified person is a child, the sheriff shall, before determining the application, require the Principal Reporter to arrange a children's hearing for the purpose of obtaining their advice as to whether the condition mentioned in subsection (2)(c) is met; and the sheriff shall, in determining whether that condition is met, have regard to that advice.

(5) Subject to subsections (6) and (7), an antisocial behaviour order is an order which prohibits, indefinitely or for such period as may be specified in the order, the specified person from doing anything described in the order.

(6) The prohibitions that may be imposed by an antisocial behaviour order are those necessary for the purpose of protecting relevant persons from further antisocial behaviour by the specified person.

(7) If an antisocial behaviour order is made on the application of a local authority the order may, in addition to imposing prohibitions that are necessary for the purpose mentioned in subsection (6), impose such prohibitions as are necessary for the purpose of protecting other persons ("affected persons") from further antisocial behaviour by the specified person.

Section 75A Requirement on Principal Reporter to consider application for parenting order

(1) Subsection (2) below applies where it appears to-

(a) the children's hearing to whom a child's case has been referred under section 65(1) of this Act; or

(b) a children's hearing arranged, under section 73(8) of this Act, to review a supervision requirement in respect of a child,

that it might be appropriate for a parenting order to be made in respect of a parent of the child under section 102 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) (the "2004 Act").

(2) The hearing may require the Principal Reporter to consider whether to apply, under subsection (3) of that section of the 2004 Act, for such an order.

(3) A requirement under subsection (2) above shall specify-

(a) the parent in respect of whom it might be appropriate for the order to be made; and

(b) by reference to subsections (4) to (6) of that section of the 2004 Act, the condition in respect of which the application might be made.

(4) In subsection (1) above, "parent" and "child" have the same meanings as in section 117 of the 2004 Act."

102 Applications

(1) The court may make a parenting order in respect of a parent of a child where-

(a) subsection (2) or (3) applies; and

(b) the Scottish Ministers have notified the court that the local authority for the area in which the parent ordinarily resides has made arrangements that would enable the order to be complied with.

(2) This subsection applies where-

(a) the application for the order is made by the appropriate local authority; and

(b) the court is satisfied that-

(i) the behaviour condition; or

(ii) the conduct condition,

is met.

(3)This subsection applies where-

(a) the application for the order is made by the Principal Reporter; and

(b) the court is satisfied that-

(i) the behaviour condition;

(ii) the conduct condition; or

(iii) the welfare condition,

is met.

(4) The behaviour condition is-

(a) that the child has engaged in antisocial behaviour; and

(b) that the making of the order is desirable in the interests of preventing the child from engaging in further such behaviour.

(5) The conduct condition is-

(a) that the child has engaged in criminal conduct; and

(b) that the making of the order is desirable in the interests of preventing the child from engaging in further such conduct.

(6) The welfare condition is that the making of the order is desirable in the interests of improving the welfare of the child.

(7) For the purposes of subsection (5), a child engages in criminal conduct if the child engages in conduct that constitutes a criminal offence (or would do so if the child had attained the age of 8 years).

(8) An application under this section shall be made by summary application to the sheriff of the sheriffdom where the parent ordinarily resides.

(9) Before an application is made under this section-

(a) by a local authority, it shall consult the Principal Reporter;

(b) by the Principal Reporter, the Principal Reporter shall consult the appropriate local authority.

(10) In this section, "appropriate local authority" means the local authority for the area where the child ordinarily resides.

103 Parenting orders

(1) A parenting order is an order requiring the specified person-

(a) to comply, during a specified period-

(i) beginning with the making of the order; and

(ii) not exceeding 12 months,

with such requirements as are specified; and

(b) subject to subsection (2), to attend, during a specified period-

(i) falling within the specified period mentioned in paragraph (a); and

(ii) not exceeding 3 months,

such counselling or guidance sessions as may be directed by a supervising officer appointed by the relevant local authority.

(2) Where a parenting order has been made in respect of the person on a previous occasion in the interests of the child in whose interests the order is to be made, the order need not include a requirement under subsection (1)(b).

135 Supervision requirements: conditions restricting movement

(9A) The powers are-

(b) that the children's hearing may impose, under subsection (3)(b) above, a movement restriction condition.".

(11) In this section, "movement restriction condition" means a condition-

(a) restricting the child's movements in such way as may be specified in the supervision requirement; and

(b) requiring the child to comply with such arrangements for monitoring compliance with the restriction mentioned in paragraph (a) above as may be so specified.

(12) Where a children's hearing impose a condition such as is mentioned in subsection (9A)(b) above, they shall also impose under subsection (3)(b) above such of the conditions prescribed by the Scottish Ministers for the purposes of this section as they consider necessary in the child's case.

(13) The Scottish Ministers may by regulations make provision as to the arrangements mentioned in subsection (11)(b) above.

(14) Regulations under subsection (13) above may in particular include provision-

(a) prescribing what method or methods of monitoring compliance with the restriction mentioned in paragraph (a) of subsection (11) above may be specified in a supervision requirement;

(b) specifying the devices which may be used for the purpose of that monitoring;

(c) prescribing the person who may be designated by a children's hearing to carry out that monitoring or the class or description of person from which that person may be drawn;

(d) requiring a children's hearing who have designated a person in pursuance of paragraph (c) above who is no longer within the provision made under that paragraph to vary the designation accordingly and notify the child of the variation.

(15) The Scottish Ministers may, by contract or otherwise, secure the services of such persons as they think fit to carry out the monitoring mentioned in subsection (11)(b) above and may do so in a way in which those services are provided differently in relation to different areas or different forms of that monitoring.

(16) Nothing in any enactment or rule of law prevents the disclosure to a person providing services in pursuance of subsection (15) above of information relating to a child where the disclosure is made for the purposes only of the full and proper provision of the monitoring mentioned in subsection (11)(b) above.

(17) A children's hearing may include in a supervision requirement a movement restriction condition only if the hearing is constituted from the children's panel for a local government area which is prescribed for the purposes of this section by the Scottish Ministers.".

Antisocial Behaviour etc. (Scotland) Act 2004 as amended by Schedule 5 of the Children's Hearings (Scotland) Act 2011

Section 12 Sheriff's power to refer case to children's hearing

(1) This section applies where-

(a) the sheriff makes an antisocial behaviour order or an interim order in respect of a child, and

(b) the sheriff considers that a section 67 ground(other than the ground mentioned in section 67(2)(j)) applies in relation to the child.

(1A) The sheriff may require the Principal Reporter to arrange a children's hearing.

(1B) The sheriff must give the Principal Reporter a section 12 statement if-

(a) The sheriff makes a requirement under section (1A), and

(b) A compulsory supervision order is not in force in relation to the child

(1C) A section 12 statement is a statement-

(a) Specifying which of the section 67 grounds the sheriff considers applies in relation to the child,

(b) Setting out the reasons why the sheriff considers the ground applies, and

(c) Setting out any other information about the child which appears to the sheriff to be relevant

(1D) In this section-

"compulsory supervision order" has the meaning given to it by section 83 of the Children's Hearings (Scotland) Act 2011,

"section 67 ground" means a ground mentioned in section 67(2) of that Act.".