Age of Criminal Responsibility (Scotland) Act 2019 - child interview rights practitioners: question and answer guide
Question and answer guide for Child Interview Rights Practitioners (ChIRPs) to provide clarity on practical and procedural matters in relation to age of criminal responsibility investitive that have been raised through feedback.
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
Contact
Email: athena.lynch@gov.scot
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