Report and Recommendations - Scottish Government

he/she 9 : “may not understand the significance of what is said, of questions orof their replies”. If there is “any doubt” about this, the suspect should betreated as vulnerable. If the suspect is treated as vulnerable, the custodyofficer must contact an “appropriate adult”; being a relative or other personresponsible for his/her care or a person experienced in dealing with mentallyvulnerable people 10 . The appropriate adult must be told of the suspect’s rightof access to a lawyer and the suspect must be cautioned in his/her presence.The suspect ought to have been told of his/her right of access to a lawyer inadvance of this and contact with a solicitor is not to be delayed until the arrivalof the appropriate adult. The suspect may have a consultation with thesolicitor in the absence of the appropriate adult, if that is what he/she desires 11 .As a generality, a vulnerable suspect cannot be interviewed in the absence ofthe appropriate adult, who is advised that his/her role is not simply to act as anobserver but to advise the suspect, observe whether the interview is conductedproperly and fairly and to facilitate communication with the suspect 12 .6.4.10 In New South Wales, “vulnerable persons” include children, people withimpaired or intellectual functioning, Aboriginal persons and persons who arenot native English speakers 13 . All are entitled to the presence of a “supportperson” during the investigative procedures, although this entitlement can bewaived. Like the provisions under PACE, the support person is advised thathe/she is not restricted to acting as an observer at the interview but may assist9 PACE Code C, Note 1G, Para 1.4, there is also reference to the definition of disorder in the MentalHealth Act 1983 s 1(2)10 Annex E, paras 2 and 311 Note E112 ibid para 913 Law Enforcement (Powers and Responsibilities) Regulations 2005 reg 24230