Report and Recommendations - Scottish Government

the suspect and identify any problems of communication 14 . In Ireland, avulnerable suspect is treated in a similar manner to children 15 .Consideration6.4.11 At the heart of this topic is the need to ensure that any suspect who isvulnerable: (i) is promptly identified as such, (ii) understands his/her rights;and (iii) is able to make informed decisions based on that understanding. InArticle 6 terms, it is the ability of the vulnerable suspect to understand thenature and potential effect of trial proceedings and to engage in them in ameaningful way that needs to be secured. This includes provision prior to, andat the stage of, a police interview. It is necessary that the suspect understandshis/her rights and is able to exercise them. It is essential that he/sheunderstands not only the questions asked and the answers given but also theimplications of what is being asked and of what he/she says in response.6.4.12 While there will be suspects whose vulnerability is patent, possibly alreadyrecorded and attributable to a particular condition, there may be some whosevulnerability is latent. Identifying vulnerability requires judgment by theinvestigating and custody officers. This is important, because it may be afactor to be taken into account in determining the overall fairness of theproceedings. Where an interview is deemed unfair because of inadequateprovision to deal with a person’s vulnerability, evidence of his/her answerswill be excluded as inadmissible, if objected to. However, there are few14 ibid reg 3015 The Criminal Justice Act (Treatment of Persons in Custody in Garda Siochana Stations) Regulations1987 (SI No 119) regs 22 and 13 (relating to children)231