How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12375
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

If a child under 12 in Scotland is asked to provide a witness

This answer was rated:

If a child under 12 in Scotland is asked to provide a witness statement at a police station can they refuse to do so?
Thank you for your question.

A child under 12 can be interviewed as a witness but would have to have a parent, guardian or other safe-guarder present during any questioning.

If the child refuses to answer any questions it is unlikely that any sanctions would follow but often children can be the best witnesses.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Thanks for your time but perhaps I was not clear enough. I am asking about 'obligation' really. Can a child refuse to attend the police station and provide a statement or are they legally obliged to do so even if they then refuse to answer questions?

The pice are entitled to ask the child to answer questions if the child is over the age of eight.
Customer: replied 4 years ago.

Sorry about this... What if the child is under eight years of age?

The parents could refuse to allow the child to be questioned and an application to the court would be required.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you very much.