C3C1C2PART 4POLICE INVESTIGATORY AND OTHER POWERS

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Modifications etc. (not altering text)

C3C1C2CHAPTER 3QUESTIONING OF CERTAIN CHILDREN

Limitation on police questioning

I1C3C1C239C3C1C2Limitation on police questioning of certain children

1

This section applies where a constable has reasonable grounds to suspect that a child, while under 12 years of age—

a

by behaving in a violent or dangerous way, has caused or risked causing serious physical harm to another person, or

b

by behaving in a sexually violent or sexually coercive way, has caused or risked causing harm (whether physical or not) to another person.

2

The child may not be questioned by a constable, or subjected to an investigative interview, in relation to the incident mentioned in subsection (1) unless the questioning or interview is authorised—

a

by virtue of section 40(2),

b

by an order under section 44 (a “child interview order”), or

c

by virtue of section 54.

3

In this Chapter—

  • “child” means a person—

    1. a

      who is under 16 years of age, or

    2. b

      who is—

      1. i

        16 or 17 years of age, and

      2. ii

        subject to a compulsory supervision order, or an interim compulsory supervision order, made under the 2011 Act,

  • “investigative interview” means a meeting, or series of meetings—

    1. a

      planned by a constable in collaboration with a local authority, and

    2. b

      conducted—

      1. i

        by a constable or an officer of a local authority, or

      2. ii

        jointly by a constable and an officer of a local authority,

    for the purpose of seeking information from a child in relation to an incident which is the subject of a police investigation,

    references to a constable questioning a child include references to a constable causing a child to be questioned by another person (and cognate expressions are to be construed accordingly).