POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 421 Questioning of children

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 421

421 Questioning of children

(1) This section applies if—

(a) a police officer wants to question a relevant person; and

(b) the police officer reasonably suspects the person is a child.

(2) Unless the police officer is aware the child has arranged for a lawyer to be present during questioning, or has spoken, under subsection (3) (a) , to a lawyer acting for the child, the police officer must—

(a) inform the child that a representative of a legal aid organisation will be notified that the child is in custody for the offence; and

(b) as soon as reasonably practicable and before questioning starts, notify or attempt to notify a representative of the legal aid organisation that the child is in custody for the offence.

(3) The officer must not question the child unless—

(a) before questioning starts, the police officer has, if practicable, allowed the child to speak to a support person chosen by the child in circumstances in which the conversation will not be overheard; and

(b) a support person is present while the child is being questioned.

(4) However, the child may not choose as a support person a person against whom the offence is alleged to have been committed.

(5) If the police officer considers the support person is unreasonably interfering with the questioning, the police officer may exclude the person from being present during the questioning.