Report and Recommendations - Scottish Government

legislation 6 , both of which stress the need for persons with disabilities to begiven equal access to services, including those in the criminal justice system.The need to make appropriate adjustments is reflected in the ACPOS Manualof Guidance for Solicitor Access which provides 7 :“The test of our approach to the rights of children and vulnerableadults will include if the individual’s rights were fully explained andunderstood, and if any waiver of rights was an ‘informed waiver’.…Where officers have reasonable grounds to believe that an adultsuspect may be unable to advise if they wish a private consultationwith a solicitor prior to interview, due to mental disorder or lack ofcapacity, the services of an Appropriate Adult must be sought to assistin explaining the suspect’s rights”.6.4.7 The current approach to vulnerable adult suspects is thus focused on the needto secure the presence of an appropriate adult prior to interview. The functionof an appropriate adult attending upon a vulnerable suspect is to aidcommunication between the suspect, his/her solicitor and the police. As withthe responsible person for a child suspect, it is not to provide legal advice.6.4.8 Guidance provided by the Scottish Government explains, in detail, the role ofthe professional appropriate adult thus 8 :“… to facilitate communication between a mentally disordered personand the police and, as far as is possible, ensure understanding by bothparties.6 e.g. Equality Act 2010 s 29 on the provision of services; the Review was also referred to theParliamentary Joint Committee on Human Rights (HL Paper 40-1. HC 73-1), p 75 on reviewingvulnerable persons in custody7 At paras 16.3 and 16.68 http://www.scotland.gov.uk/Topics/Justice/law/victims-witnesses/Appropriate-Adult228