Age of Criminal Responsibility (Scotland) Act 2019 - child interview rights practitioners: question and answer guide

Footnotes

1. section 44(7) of the 2019 Act

2. Note however, that sections 54 and 55 of the 2019 Act provide that the child may be questioned in urgent cases, in which event an IRD should take place as soon as practicable thereafter – page 12 of Age of Criminal Responsibility (Scotland) Act 2019 Part 4 – Police Investigatory and Other Powers - Statutory Guidance on Investigative Interviews

3. Section 51 of the 2019 Act

4. Section 51(2) of the 2019 Act says that the child has the right in connection with and during the investigative interview, to receive advice, support and assistance from the ChIRP. Section 51(7) says that this includes supporting the child in communicating with the person conducting the interview. The ChIRPs role in planning the interview is reflected in paragraph 15, 19.6 of Age of Criminal Responsibility Operational Guidance for Social Work and Police (updated August 2023)

5. Section 39 of the 2019 Act

6. Section 41 of the 2019 Act

7. Section 44 of the 2019 Act

8. Section 45 of the 2019 Act

9. Section 45 of the 2019 Act. A copy of the order should also be given to the person who will act as supporter

10. Section 28C of the Legal Aid (Scotland) Act 1986

11. Paragraph 11 of the Code of Practice

12. Section 44 of the 2019 Act

13. Section 47 of the 2019 Act

14. Section 41 of the 2019 Act

15. Paragraph 11 of the Code of Practice

16. Section 51 of the 2019 Act

17. Paragraph 23 of the Code of Practice

18. Section 51 of the 2019 Act

19. Section 52 of the 2019 Act

20. Section 72 of the 2019 Act

21. Paragraph 21, appendices 11 and 12

22. Paragraphs 17.1, 18.2, 22, 23 of the Operational Guidance

23. Pages 22, 37-39, 93, 104 of the Operational Guidance

24. By virtue of the Protection of Vulnerable Groups (Scotland) Act 2007

25. Regulation 3(7) of The Age of Criminal Responsibility (Scotland) Act 2019 (Register of Child Interview Rights Practitioners) Regulations 2021