Report and Recommendations - Scottish Government

6.3.21 In many jurisdictions 43 a child suspect’s vulnerability is reflected in the needfor a person, other than a lawyer, to attend at the place of the child’s detention.The role of such a person is not to provide legal advice but simply to assist incommunication between the police, any lawyer and the child suspect. In NewSouth Wales, a child cannot waive his/her right to a support person 44 .Consideration6.3.22 Given the wording of the UN Convention on the Rights of the Child, it isdifficult to see what age, other than up to 18 years, would be appropriate todefine a child. It is recognised that persons under this age are entitled to makeother important decisions in their own lives without the intervention of aparent or other carer. It is appreciated that there are many 16 and 17 year oldpersons who have an acute, if tragic, familiarity with their rights in custody.However, 18 is the age of majority and, especially with those 16 and 17 yearolds who are not so familiar with the criminal justice system, those under 18may be sufficiently immature, and thus vulnerable, as to justify addedprotections to ensure that their rights are effectively guarded. Accordingly,when a child is arrested and detained, the current statutory provisionsconcerning notification to a parent or other responsible person and permittingthese persons to have access to the child should continue to apply (with thesame exceptions), but be extended to all persons under 18 years of age.43 e.g. England and Wales, Ireland and Australia44 Law Enforcement (Powers and Responsibilities) Regulations 2005 reg 29216