Search Legislation

Victims and Witnesses (Scotland) Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Cross Heading: Interviews

 Help about opening options

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Changes to legislation:

There are currently no known outstanding effects for the Victims and Witnesses (Scotland) Act 2014, Cross Heading: Interviews. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

InterviewsS

7Interviews with children: guidanceS

(1)Subsection (2) applies where the persons mentioned in subsection (3) are jointly carrying out an interview with a child in relation to—

(a)criminal proceedings which have been instituted against some other person, or

(b)a matter which might result in criminal proceedings being instituted against some other person.

(2)The persons must have due regard to any guidance issued by the Scottish Ministers about the carrying out of interviews with a child in relation to those matters.

(3)The persons are—

(a)a constable,

(b)a social worker (as defined in section 77 of the Regulation of Care (Scotland) Act 2001).

(4)The Scottish Ministers may by order modify subsection (3).

(5)An order under subsection (4) is subject to the negative procedure.

(6)In this section, “child” means a person under 18 years of age.

Commencement Information

I1S. 7 in force at 1.9.2015 by S.S.I. 2015/200, art. 2(2), Sch. (with art. 3)

8Certain offences: victim's right to specify gender of interviewerS

(1)This section applies where an investigating officer intends to carry out a relevant interview with a person who is or appears to be the victim of an offence [F1or alleged offence] of a type mentioned in subsection (5).

(2)Before the relevant interview takes place, the investigating officer must give the person who is to be interviewed the opportunity to specify the gender of the investigating officer who is to carry out the interview.

(3)If the person who is to be interviewed specifies a gender under subsection (2), the relevant interview may be carried out only by an investigating officer of that gender.

(4)The investigating officer need not comply with subsection (2) if—

(a)complying with it would be likely to prejudice a criminal investigation, or

(b)it would not be reasonably practicable to do so.

(5)The types of offence are—

(a)an offence listed in any of paragraphs 36 to 59ZL of Schedule 3 to the Sexual Offences Act 2003,

(b)an offence under section 22 of the 2003 Act (traffic in prostitution etc.),

(c)an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation),

[F2(ca)an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015),]

(d)an offence the commission of which involves domestic abuse,

(e)stalking.

(6)Failure to comply with subsection (2) in relation to a particular relevant interview has no effect on any criminal proceedings to which the interview relates.

(7)The Scottish Ministers may by order modify subsection (5).

(8)In this section—

  • investigating officer” means—

    (a)

    a constable, or

    (b)

    a person of such other description as the Scottish Ministers may by order prescribe,

  • relevant interview” means—

    (a)

    questioning of a person in the course of criminal proceedings which have been instituted in relation to another person, or

    (b)

    questioning of a person with a view to instituting criminal proceedings against another person.

(9)Any reference in this section (other than subsection (10)) to an investigating officer includes a reference to two or more investigating officers acting jointly.

(10)An order under subsection (7) or paragraph (b) of the definition of “investigating officer” in subsection (8) is subject to the negative procedure.

Textual Amendments

Commencement Information

I2S. 8 in force at 13.8.2014 by S.S.I. 2014/210, art. 2, Sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources