Report and Recommendations - Scottish Government

ight of access to the child, subject to any restrictions required for the purposesof investigation 12 .6.3.10 It is important to note the way in which the statutory provision is phrased. Theright of access rests with the parent or carer and not with the child. Yet theprimary concern is that the child be provided with appropriate moral supportand parental guidance. It is also not specifically said that the access should beafforded prior to, or at, any interview, although that is what normally occurs inpractice. The phraseology concerning the right of access is presumablystructured in the way it is because, whereas the state might be expected tohave in place a scheme providing access to a duty solicitor, it cannot compel achild’s parent or carer to attend at a police station nor can it always beexpected to find the parent or carer. In that event, the alternative is to providea duty social worker in all situations where the parent or carer declines toappear or cannot be located. That is what occurs in practice and, at least witha child under 16, an interview without the presence of a parent, carer orresponsible person is now almost bound to be regarded by the courts as unfairin Article 6 terms.6.3.11 If a child is arrested and cannot be brought “forthwith” before a sheriff, asenior police officer must “inquire into the case” 13 . It is unlikely that a childcan ever be taken before a sheriff “forthwith”; at least where he/she is detainedoutwith court hours or if the plan is to interview him/her. In thesecircumstances, the senior police officer reviewing the case may liberate the12 1995 Act s 15(4) and (5)13 1995 Act s 43208