CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 79 Interviewing young people
CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 79
Interviewing young people(1) This section applies if a police officer—
(a) suspects that a young person may have committed a serious offence or an offence against the person or property; or
(b) reasonably believes that a young person may be implicated in the commission of such an offence; or
(c) is holding a young person under restraint.
(2) If this section applies, a police officer may not interview a young person in respect of an offence or cause the young person to do anything in relation to the investigation of an offence—
(a) unless an adult other than a police officer who is—
(i) a person with parental responsibility for the young person; or
(ii) a relative of the young person acceptable to the young person; or
(iii) a lawyer acting for the young person or some other suitable person acceptable to the young person;
is present; or
(b) unless—
(i) the police officer has taken reasonable steps to secure the presence of a person mentioned in paragraph (a); and
(ii) it was not practicable for such a person to be present within 2 hours after the person was requested to be present; and
(iii) someone else (who may be a police officer) who has not been involved with the investigation of the offence is present.
(3) However, a police officer —
(a) is not required—
(i) to permit a person whom the police officer reasonably believes to be an accomplice of the young person in relation to the offence to be present while the young person is being interviewed, or is doing anything, in relation to the investigation of the offence; or
(ii) to take steps to procure the presence of a person mentioned in paragraph (2) (a) whom the police officer reasonably believes to be an accomplice of the young person in relation to the offence; and
(b) may interview a young person, or ask or cause a young person to do a particular thing, if the police officer reasonably believes that it is necessary to do so without delay in order to avoid danger of the death of, or serious injury to, a person or serious damage to property.