Report and Recommendations - Scottish Government

to listen to any advice given. If he/she refuses to do so, the interview canproceed and it will be a matter for the court to determine admissibility shouldobjection be taken.RecommendationsI therefore recommend that:⎯ for the purposes of arrest, detention and questioning, a child should bedefined as anyone under the age of 18 years. This means that thecurrent provisions concerning notification to a parent, carer or otherresponsible person and these persons having access to a child suspectshould be extended to all persons under 18 years of age;⎯ there should be a general statutory provision that, in taking anydecision regarding the arrest, detention, interview and charging of achild, whether by the police or the procurator fiscal, the best interestsof the child shall be a primary consideration;⎯ all children should have the right of access to a parent, carer orresponsible person if detained and, in any event, in advance of andduring any interview, provided that access can be achieved within areasonable time. The police should be able to delay or suspend thatright in exceptional circumstances;⎯ the general role of the parent, carer or responsible person should bedefined in statute as consisting of the provision of any moral supportand parental care and guidance to the child and to promote the child’sunderstanding of any communications between him/her, the policeand his/her solicitor;⎯ where the child suspect is under 16, he/she must be provided withaccess to a lawyer, and neither he/she, nor a parent, carer orresponsible person can waive that right;⎯ where the child is under 16, he/she must be provided with access to aparent, carer or responsible person, and he/she cannot waive thatright;⎯ where the child is 16 or 17 years old he/she may waive his/her right ofaccess to a lawyer but only with the agreement of a parent, carer orresponsible person; and222