OpenLegislation

Section 52 Child not to be questioned while unaccompaniedC1C2C3I1

(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 investigative interview may be conducted only if (and only for as long as)—

(a)

both the child's supporter and the child interview rights practitioner are in attendance at the location where the interview is being conducted, and

(b)

at least one of those persons is present in the room in which the interview is being conducted.

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