Does a child under 16 years in custody require a solicitor?

The requirement for a child under 16 years in custody to have a solicitor is essential for ensuring that their legal rights are protected. In Scotland, the legislative framework recognizes the vulnerability of minors within the justice system. Therefore, it mandates that all children under the age of 16, who are in custody, must be afforded access to legal representation.

This obligation cannot be waived due to the understanding that minors may not fully grasp the implications of waiving their rights or be able to make informed decisions without appropriate legal advice. The presence of a solicitor is crucial in safeguarding the child's interests, ensuring that they receive fair treatment and understanding of the procedures they are involved in during their time in custody.

The other options imply varying degrees of autonomy and parental involvement that do not align with the legal protections established for minors in these situations, thereby underscoring the key principle that a child's welfare and rights take precedence in custodial circumstances.