OpenLegislation

Section 49 Right not to answer questionsC1C2C3I1

(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 is under no obligation to say anything during the investigative interview.

Annotations

Modifications

C1

Pt. 4 applied (with modifications) (17.12.2021) by 2004 c. 20, s. 56B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 19)

C2

Pt. 4 applied (with modifications) (17.12.2021) by 1987 c. 4, s. 2E (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 17)

C3

Pt. 4 applied (with modifications) (17.12.2021) by 2003 c. 20, s. 31B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 18)

Commencement

I1

S. 49 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2