Interviews

I17Interviews with children: guidance

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.