Report and Recommendations - Scottish Government

6.3 CHILD SUSPECTSIntroduction6.3.1 The previous chapters have considered the right of access to a lawyer once asuspect is in detention and prior to police questioning. Suspects who arevulnerable, whether by age or other reason, require extra protection.6.3.2 There are a number of issues which arise specifically in relation to childsuspects. For their rights to be effective, the system must ensure, so far as ispracticable, that the child suspect at least understands his/her rights and theform which they take. Careful consideration has to be given to how thechild’s views are to be ascertained and expressed and how his/her interests arebest safeguarded in the context of the particular child’s age and maturity andthe nature of the offence.6.3.3 Waiver of the right is a particular concern. If the right cannot be adequatelyunderstood, it can hardly be waived. On the other hand, a child ought to beable to waive the right if he/she is able to make an informed decision on thatmatter. But difficulties may arise where a child, or a child’s parent, carer orresponsible person, consider that the right should be waived, in circumstancesin which an objective observer, such as the court, may consider that it shouldnot. If the right is not waived, the particular form in which the legal advice isto be provided may also be a concern.203