A:AnswerI would say it's a 50/50 chance that they could if they see someone unlatch it or if they play with the latch. Turn the latch side the opposite direction and it should be good to go.
A:AnswerDepending on which end you are using it. If you are using it from downstair going up and have a wall on one side and the railing post on the other you could latch it. Make sure that you turn the latch side the opposite direction so they can't play with the latch. I would not suggest using it from the upstair going down. This would be an safety issue. With the weight of the child they could knock it down and fall down the stairs.