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PART 4 SPOLICE INVESTIGATORY AND OTHER POWERS

CHAPTER 3SQUESTIONING OF CERTAIN CHILDREN

Prospective

Child interview orderS

44Child interview orderS

(1)This section applies where a constable makes an application for a child interview order.

(2)The sheriff may make the order if satisfied—

(a)that there are reasonable grounds to suspect that the child, while under 12 years of age—

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

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

(b)that an investigative interview of the child is necessary to properly investigate the child's behaviour and the circumstances surrounding it (including whether a person other than the child has committed an offence).

(3)In considering the matters mentioned in subsection (2), the sheriff must have regard to—

(a)the nature and seriousness of the child's behaviour, and

(b)whether an investigative interview of the child is appropriate given the child's circumstances (including the child's age and any matter related to the child's behaviour).

(4)A child interview order authorises an investigative interview of the child in relation to the behaviour to which the application relates.

(5)A child interview order may also—

(a)require any person in a position to do so to produce the child to a person specified in the order for the purpose of ensuring the child's attendance at the investigative interview,

(b)authorise the transporting of the child to and from the place where the interview is to take place (by the person specified in paragraph (a) or another person),

(c)authorise any other action (including action to safeguard and promote the wellbeing of the child) required in connection with the interview.

(6)A child interview order may contain directions about––

(a)the conduct of the investigative interview authorised by the order,

(b)the carrying out of any other action required or authorised by the order.

(7)A child interview order ceases to have effect at the end of the period of 7 days or such shorter period as is specified in the order (the period in each case beginning with the day after the day on which the order is made or such later day as is specified in the order).