PART 4POLICE INVESTIGATORY AND OTHER POWERS

CHAPTER 3QUESTIONING OF CERTAIN CHILDREN

Register of child interview rights practitioners

56Register of child interview rights practitioners

1

The Scottish Ministers must establish and maintain a register of persons who are authorised to provide advice, support and assistance to children in relation to their involvement in investigative interviews.

2

A person may be included in the register only if the person is a solicitor who is entitled to provide children’s legal assistance under section 28M of the Legal Aid (Scotland) Act 1986.

3

The Scottish Ministers may by regulations make further provision in connection with—

a

the register (including the establishment and maintenance of the register),

b

child interview rights practitioners (including provision for the payment of expenses, fees and allowances to such practitioners by the Scottish Ministers).

4

Regulations under subsection (3)(b) may in particular include provision—

a

about how child interview rights practitioners are appointed to cases, and

b

requiring, so far as reasonably practicable, the views of the child involved in the case as to the appointment of a particular child interview rights practitioner to be ascertained and, taking account of the child’s age and maturity, had regard to.

5

In this section—

  • “investigative interview” means an investigative interview authorised by virtue of section 40(2) or by a child interview order,

  • “solicitor” means a solicitor enrolled in the roll of solicitors kept under section 7 of the Solicitors (Scotland) Act 1980.