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Criminal Justice (Scotland) Act 2016
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51Duty to consider child’s wellbeing
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(1)Subsection (2) applies when a constable is deciding whether to—
(a)arrest a child,
(b)hold a child in police custody,
(c)interview a child about an offence which the constable has reasonable grounds to suspect the child of committing, or
(d)charge a child with committing an offence.
(2)In taking the decision, the constable must treat the need to safeguard and promote the wellbeing of the child as a primary consideration.
(3)For the purposes of this section, a child is a person who is under 18 years of age.
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