Age of Criminal Responsibility (Scotland) Act 2019 (asp 7)

PART 4 S POLICE INVESTIGATORY AND OTHER POWERS

Modifications etc. (not altering text)

C1 Pt. 4 applied (with modifications) (17.12.2021) by 2004 c. 20, s. 56B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 19)

C2 Pt. 4 applied (with modifications) (17.12.2021) by 1987 c. 4, s. 2E (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 17)

C3 Pt. 4 applied (with modifications) (17.12.2021) by 2003 c. 20, s. 31B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 18)

CHAPTER 3 S QUESTIONING OF CERTAIN CHILDREN

Investigative interview by agreement S

41 Information to be provided following agreement to investigative interview S

(1) A constable must, as soon as reasonably practicable after agreement to an investigative interview being conducted is given under section 40(1)(c)—

(a) provide a notice in writing containing the information mentioned in subsection (2) to—

(i) the child, and

(ii) the parent of the child who has given agreement under that section, and

(b) in so far as practicable, explain the information contained in the notice to—

(i) the child (in a way that is appropriate to the child's age and maturity), and

(ii) the parent mentioned in paragraph (a)(ii).

(2) The information is—

(a) that the investigative interview is authorised by virtue of agreement having been given under section 40(1)(c),

(b) that either the child or the parent who has given agreement under that section can withdraw agreement at any time (whether before or after the start of the investigative interview),

(c) information about the other circumstances in which agreement is withdrawn,

(d) that agreement being withdrawn will end the investigative interview, and

(e) information about what else may happen following withdrawal of agreement (for example, the actions mentioned in section 40(5)).

(3) As soon as reasonably practicable after the identity of the person who will act as child interview rights practitioner during the investigative interview is known, the constable must provide that person with a copy of the notice given under subsection (1)(a).

Commencement Information

I1 S. 41 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2