Report and Recommendations - Scottish Government

specific statutory rules which make provision for the identification ortreatment of the vulnerable suspect at the stage of the police investigation. Itshould also be borne in mind that the suspect’s vulnerability may becomeapparent only at some point after the initial arrest and detention. Vulnerabilitymay, for example, become evident to the suspect’s lawyer during a privateconsultation. In line with the judgment in Dayanan, the lawyer will have arole in bringing this to the relevant police officer’s attention in the expectationthat an appropriate adult will be contacted. The police officer responsible forthe suspect’s detention should, in such cases, be ready to revise his/herassessment of vulnerability and make the necessary additional arrangements.6.4.13 The measures required to safeguard the interests of a vulnerable suspect willvary from case to case. Where there is a significant condition, and thus doubtover the suspect’s capacity or fitness to be questioned at all, a medical opinionmay well be required. In other instances it may be that the suspect can beinterviewed with additional support and assistance from an adult relative orclose friend or from a professional experienced in mental health. The Reviewunderstands that there may often be practical difficulties in ensuring theprompt attendance of a professional appropriate adult. Such persons willusually be in full time employment and will not always be able to stop theirnormal work in order to attend at a police station.6.4.14 It is appreciated that, with someone who does not fully understand his/herrights, there may be questions as to whether he/she is capable of understandingthe meaning of waiving a right or indeed the import of a caution. These232