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  4. Society round table delivers vulnerable accused proposals

Society round table delivers vulnerable accused proposals

30th April 2019 | criminal law

Action is needed to improve understanding of the position of vulnerable people accused of a crime in Scotland, to ensure they are treated consistently and fairly, according to a new report published by the Law Society of Scotland.

The report, by the Society’s Criminal Law Committee, recommends improvements to how vulnerable accused people are identified and progress through the criminal justice system. It proposes five practical steps to ensure the human rights of vulnerable people accused of criminal offences are respected and taken into account, including clearer and more consistent definitions of vulnerability, the creation of a central knowledge hub and a review of how new technology can improve information sharing.

Its publication follows a round table event which brought together practitioners, representatives from the criminal justice organisations, third sector groups involved with vulnerable accused persons and Scottish Government policy officials. The discussion considered vulnerable persons across the Scottish criminal justice system, but focused on accused persons, an area which has received less policy development attention, considering how to identify vulnerable accused persons and their needs; the progress of a vulnerable accused person through the criminal justice system; and the flow of information about a vulnerable accused person through the system.

The key recommendations are:

  • development of a framework of understanding to be shared across the Scottish criminal justice system, following a multi-agency review of definitions and interpretations of vulnerability;
  • a review of existing legislation, measures and practices, including ongoing consultations, in relation to vulnerable persons, leading to the development of a central portal of knowledge and information;
  • a review of groups for whom there is limited support and representation within the Scottish criminal justice system;
  • a review of the prevalence of individuals with vulnerabilities in the Scottish criminal justice system and the types of vulnerabilities most commonly encountered;
  • A review of how the use of existing and innovative technology can better support information sharing and data protection.

Society President Alison Atack commented: "The greater protections being developed for vulnerable witnesses are welcome, but we must not lose sight of how vulnerable people accused of criminal offences themselves experience the criminal justice system. Everyone accused of a crime is entitled to respect for their human rights, but if vulnerabilities are not identified early on, there is a risk people will not be treated consistently and fairly and can cause delay in the justice system."

Criminal Law Committee convener Debbie Wilson added: "Any accused person unfamiliar with the justice system can find it hard to understand the processes, procedures and language involved, so for people with vulnerabilities this can present an even greater challenge. Our population is ageing and becoming more diverse, so different groups are increasingly coming into contact with the criminal justice system. By creating a central knowledge portal to share best practice and carrying out proper research into which vulnerabilities need greater support we can make sure the system works for everyone."

The report and the event focused on accused persons but the issues identified apply to all vulnerable people coming into contact with the criminal justice system. The report suggests the Scottish Government may be best placed to lead on some of the recommendations, with others to be taken forward by the Society itself.

Click here to view the report.

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