Criminal Justice (Scotland) Act 2016

51Duty to consider child's wellbeingS
This section has no associated Explanatory Notes

(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.

Modifications etc. (not altering text)

C1S. 51 applied (with modifications) by 1994 c. 33, s. 137D(3)(c), Sch. 7B Pt. 2 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 116(1)(3), 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(f))

Commencement Information

I1S. 51 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.