Age of Criminal Responsibility (Scotland) Act 2019

50 Right to have supporter present

(1) This section applies where an investigative interview of a child is authorised—

(a) by virtue of section 40(2), or

(b) by a child interview order made in respect of the child.

(2) The child has the right, during the investigative interview, to have another person (a “supporter”) present in the room in which the interview is being conducted.

(3) The supporter must not be denied access to the child at any time during the interview.

(4) Subsections (2) and (3) do not apply if (but only for as long as)—

(a) a relevant constable, and

(b) an officer of the relevant local authority,

agree that the supporter’s absence from the room in which the interview is being conducted is necessary (including where it is necessary to safeguard or promote the child’s wellbeing).

(5) A “relevant constable” is a constable—

(a) who is of the rank of sergeant or above, and

(b) who has not been involved in the investigation of the incident to which the interview relates (including in the planning and conduct of the interview).

(6) Where the investigative interview is authorised—

(a) by virtue of section 40, the child’s supporter must be the parent who has given agreement under subsection (1)(c)(ii) of that section to the interview being conducted,

(b) by a child interview order, the child’s supporter—

(i) must be aged 18 or over,

(ii) may, but need not, be a parent of the child.

(7) The child’s supporter is to be a person considered appropriate by the person conducting the interview.

(8) In considering for the purpose of subsection (7) whether a person is appropriate, the person conducting the interview is—

(a) so far as reasonably practicable, to ascertain the views of the child, and

(b) to have regard to any views ascertained.

(9) In having regard to the views of the child under subsection (8), the person conducting the interview is to take account of the child’s age and maturity.

(10) Subsection (11) applies where—

(a) the child’s supporter is required by subsection (6)(a) to be a particular person, and

(b) the person conducting the interview does not consider that person to be an appropriate person to be the child’s supporter.

(11) The agreement of the person required by subsection (6)(a) to be the child’s supporter to the investigative interview being conducted is to be treated as withdrawn.