What must occur when police wish to question a child under the Children (Protection and Parental Responsibility) Act 1997?

When questioning a child under the Children (Protection and Parental Responsibility) Act 1997, it is mandated that a guardian must be present. This requirement is in place to ensure that the child’s rights and welfare are protected during the questioning process. The presence of a guardian helps to safeguard the child from potential coercion or misunderstanding during the interrogation, ensuring that the child is treated fairly and that their best interests are prioritized.

The law recognizes that children may not have the same understanding of legal processes as adults, and thus having a guardian present provides support and guidance. This approach is intended to promote a more effective and protective environment, recognizing the vulnerabilities that children may experience in legal situations.

Other options do not meet the requirements set forth by the Act. For instance, the presence of a sibling does not provide the same level of protection and guidance as a guardian, while a lawyer also plays a crucial role, but the critical requirement as stated in the act specifically emphasizes the need for a guardian. The option suggesting that police can question without restrictions contradicts the protective measures outlined in the legislation.