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Age of Criminal Responsibility (Scotland) Act 2019

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57Guidance

(1)The Scottish Ministers—

(a)must issue guidance about—

(i)the obtaining and withdrawal of agreement for the purposes of section 40,

(ii)applications for a child interview order,

(iii)the planning and conduct of investigative interviews authorised by virtue of section 40(2) or by a child interview order,

(iv)the questioning of children by virtue of section 54, and

(b)may, from time to time, issue revised guidance.

(2)Guidance under subsection (1) may in particular cover—

(a)the role of constables and local authorities in the planning and conduct of investigative interviews,

(b)principles according to which investigative interviews are to be conducted,

(c)the creation of an environment in which the child’s wellbeing is safeguarded and promoted,

(d)approaches to questioning in investigative interviews,

(e)the recording of investigative interviews,

(f)the determination of whether a person is an appropriate person to act as a supporter,

(g)the role of supporters and child interview rights practitioners in investigative interviews,

(h)other forms of support and assistance that may be required by the child in connection with an investigative interview.

(3)A person exercising functions to which guidance under subsection (1) relates must, in doing so, have regard to that guidance.

(4)Before issuing guidance or revised guidance under this section, the Scottish Ministers must consult—

(a)the chief constable,

(b)each local authority,

(c)such other persons as they consider appropriate.

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