Criminal Justice (Scotland) Act 2016
2016 asp 1
Overview of the Act
Part 1 – Arrest and Custody
Chapter 6 – Police powers and duties
Duties of police
Section 51 – Duty to consider child’s wellbeing
150.Section 51 states that in making decisions to arrest a child (defined for this section in subsection (3) as a person under 18 years of age), hold a child in police custody, interview a child about an offence which the child is suspected of committing, or charge a child with an offence, a constable must treat the need to safeguard and promote the well-being of the child as a primary consideration. This does not mean that the interests of the child are the only consideration or that they are, in all cases, the most important consideration. For example, the need to protect others may prevail.
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