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Age of Criminal Responsibility (Scotland) Act 2019, Section 42 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 17/12/2021
(1)A constable may apply to the sheriff for a child interview order.
(2)An application for a child interview order must—
(a)identify the applicant,
(b)identify the child in respect of whom the order is sought,
(c)in so far as practicable, identify a parent of the child,
(d)state the grounds on which the application is made,
(e)set out provisional plans for the investigative interview of the child, and
(f)be accompanied by supporting evidence, whether documentary or otherwise, sufficient to enable the sheriff to determine the application.
(3)Before making an application for a child interview order, the constable must—
(a)determine which local authority is the relevant local authority in relation to the planning and conduct of the proposed investigative interview of the child, and
(b)consult that authority about the making of the application and the provisional plans mentioned in subsection (2)(e) (unless such consultation is not practicable).
(4)In this Chapter, “relevant local authority” has the meaning given by section 201 of the 2011 Act.
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