Age of Criminal Responsibility (Scotland) Act 2019

47 Planning of investigative interview

(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) A constable must, in collaboration with the relevant local authority, draw up plans for the conduct of the investigative interview.

(3) The plans drawn up under subsection (2) must—

(a) where the interview is authorised by a child interview order, accord with any directions contained in the order,

(b) specify—

(i) the period over which the interview will be conducted,

(ii) the number of meetings which will take place as part of the interview,

(iii) the date of each meeting,

(iv) how long each meeting will last,

(v) the location at which each meeting will take place,

(vi) the persons by whom the child may be questioned at each meeting,

(vii) the support and assistance required by the child during the interview, and

(c) include any other relevant information (for example, details of any arrangements for transport of the child to and from the interview where such transport is authorised by a child interview order or agreed in connection with an interview authorised by virtue of section 40(2)).

(4) A constable must, as soon as reasonably practicable after plans are drawn up under subsection (2)—

(a) provide the child with a copy of the plans and, in so far as practicable, explain the information contained in the plans to the child (in a way that is appropriate to the child’s age and maturity), and

(b) provide a copy of the plans—

(i) where the interview is authorised by virtue of section 40, to the parent who has given agreement under subsection (1)(c)(ii) of that section,

(ii) where the interview is authorised by a child interview order, in so far as is practicable to a parent of the child.

(5) A constable must, as soon as reasonably practicable after the identities of the persons mentioned in subsection (6) are known, provide each of those persons with a copy of the plans.

(6) Those persons are—

(a) where the interview is authorised by a child interview order, the person who will act as supporter during the interview,

(b) the person who will act as child interview rights practitioner during the interview.