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Section 53 Information to be provided to childC1C2C3I1

(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)

Before the start of the investigative interview, the person conducting the interview must ensure that—

(a)

the child is provided with the information mentioned in subsection (3), and

(b)

the information is explained to the child.

(3)

The information is information about—

(a)

the behaviour to which the interview relates,

(b)

the purpose of the interview,

(c)

the child's rights in relation to the interview (including the child's right not to answer questions), and

(d)

what may happen as a result of the interview.

(4)

Where the investigative interview is authorised by virtue of section 40(2), the person conducting the interview must also ensure that the information mentioned in section 41(2) is provided to—

(a)

the child, and

(b)

the parent who has given agreement under section 40(1)(c)(ii).

(5)

Information provided under subsections (2)(a) and (4)(a) must be provided in a format appropriate to the child's age and maturity.

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