Ministers consult on statutory "appropriate adult" provision

3rd April 2018 | criminal law

Plans for a statutory service to help ensure vulnerable people who come into contact with the justice system receive the same level of high quality support across Scotland, have been put out to consultation by Scottish ministers.

The role of an "appropriate adult" is primarily to facilitate communication during police procedures between the police and vulnerable suspects, accused, victims, and witnesses (aged 16 or over) who have communication difficulties as a result of a mental disorder.

At present, appropriate adult services in Scotland are delivered on a non-statutory basis. As a consequence, the way in which services are delivered varies across the country. In some areas they are provided by local authorities, whilst in others they are provided by health/social care and justice partnerships, or contracted out to third parties.

Ministers intend to use regulation-making powers in the Criminal Justice (Scotland) Act 2016 to establish a statutory service. Section 105 of the Act requires public consultation prior to regulations being laid.

For children under 16, support is provided by the child’s parent or guardian, or the local authority as appropriate.

The proposals include:

  • definition of the type of support, and of a vulnerable person, will be as set out in s 42 of the 2016 Act;
  • the duty to ensure that people are availabe to provide support, and to deliver training, will be placed on local authorities;
  • a broad statutory duty will be supported by more detailed guidance;
  • the Care Inspectorate will come under a duty of quality assessment, while the Mental Welfare Commission will have oversight of the provision of services nationwide.

Justice Secretary Michael Matheson commented: "It is absolutely vital that vulnerable people with communication needs receive the support they require during police procedures, regardless of where they are located in Scotland.

"While there is an appropriate adult service in place, putting it on a statutory footing will help ensure those needing additional assistance while in contact with the police receive the same level of high quality support across Scotland.

"I would urge anyone with an interest to have their say."