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Age of Criminal Responsibility (Scotland) Act 2019

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42Application for child interview order

(1)A constable may apply to the sheriff for a child interview order.

(2)An application for a child interview order must—

(a)identify the applicant,

(b)identify the child in respect of whom the order is sought,

(c)in so far as practicable, identify a parent of the child,

(d)state the grounds on which the application is made,

(e)set out provisional plans for the investigative interview of the child, and

(f)be accompanied by supporting evidence, whether documentary or otherwise, sufficient to enable the sheriff to determine the application.

(3)Before making an application for a child interview order, the constable must—

(a)determine which local authority is the relevant local authority in relation to the planning and conduct of the proposed investigative interview of the child, and

(b)consult that authority about the making of the application and the provisional plans mentioned in subsection (2)(e) (unless such consultation is not practicable).

(4)In this Chapter, “relevant local authority” has the meaning given by section 201 of the 2011 Act.

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