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Report and Recommendations - Scottish Government

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of his/her replies because of an apparent (a) mental illness; (b)personality disorder; or (c) learning disability;⎯ statute should define the role of an appropriate adult as being to assistin ensuring that effective communication takes place between thesuspect, the police <strong>and</strong> the suspect’s solicitor (if any) <strong>and</strong> that thesuspect is not disadvantaged, relative to the non-vulnerable suspect, inthe detention <strong>and</strong> interview processes by reason of his/hervulnerability;⎯ statute should provide that a vulnerable suspect must be providedwith the services of an appropriate adult as soon as practicable afterdetention <strong>and</strong> prior to any questioning. He/she should only be able towaive his/her right of access to a lawyer if the appropriate adult alsoagrees to this; <strong>and</strong>⎯ statute should define, at least in broad terms, the qualifications,professional or otherwise, necessary for a person to be an appropriateadult. The Review has not had sufficient material upon which to forma view on this subject, <strong>and</strong> the <strong>Government</strong> should carry out furtherresearch in that regard.234

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