"Appropriate adults": ministers seek views on role in court

The Scottish Government is currently engaged in a brief, "high level" consultation on the proposed development of "appropriate adult" (AA) services for adults who have a mental disorder and who interact with the justice system.

While the present focus is on the organisation of AA services, the Law Society of Scotland is inviting criminal practitioners are invited to contribute based on their experience, positive and negative, about the support provided to their clients by an AA, or indeed how an AA would benefit their client while in custody.

There has been a substantial increase in the numbers of suspected persons requiring the use of AA services. This arises mostly in the context of police stations while suspects are detained under s 14 of the Criminal Procedure (Scotland) Act 1995: suspects are deemed to require an AA when they are vulnerable, defined in the consultation as having a mental disorder.

The Society believes there is a lack of awareness among practitioners of the exact nature of the AA role, at what stage AAs should become involved, the purpose of the AA, and the inter-relation between an AA and a solicitor in undertaking their respective duties at police station. 

The paper covers:

• options for the sustainable provision of AA support in police interviews;
• options to provide guidance and oversight for AA support in police interviews to ensure consistent service levels across Scotland; and
• options to provide communication support in court.

Questions cover which options should be investigated further, and which may not be feasible; timings and costs; evidence to inform further investigation; and appropriate bodies to provide oversight.