Children’s legal aid is available for the following proceedings laid down in the Children’s Hearings (Scotland) Act 2011 and section 28B of the Legal Aid (Scotland) Act 1986:
- proceedings before the sheriff in relation to an application for variation or termination of child protection order
- proceedings before a children’s hearing following the making of child protection order
- proceedings before a children’s hearing or a pre-hearing panel for a compulsory supervision order including a secure accommodation authorisation for the child
- proceedings before a children’s hearing following arrest of child and detention in place of safety
- Proceedings under Part 10 or 15 of the 2011 Act.
In terms of section 199 of the 2011 Act, a child is defined as someone:
- who has not reached the age of 16 years
- is a person of school age where the statement of grounds relate to failure to attend school regularly
- is over 16 but under 18, in respect of whom a compulsory supervision order is in force
- who has been referred to the Principal Reporter by a court under section 49(7)(b) of the Criminal Procedure (Scotland) Act 1995 until that person becomes 18 years of age or the hearing either discharges the referral or terminates their compulsory supervision order (whichever happens first).
