Consultation on the Letter of Rights for Scotland

Although written in plain English, CYCJ would not consider the standard version of the letter of rights easy to read. The language and some of the terms used within the standard version will not be understood by everyone and could be interpreted differently by individuals. For example, terms like appropriate adult and compulsory supervision order. Many people will not know what these terms mean within the context of being in custody or what the impact of them could be, and the potential support that could be offered whilst in custody.

Also, terms like 'important freedoms', 'wellbeing', 'healthcare professional'; and in what exceptional circumstances can changes be made to your rights? These need to be explained further.

CYCJ does not believe the 'easy read version' of the letter of rights is that easy to read. Apart from pictures the easy read version has few differences to the standard version. Again, the language and terminology used are not easy to read or understand.

As 60-70% of young people in custody have speech, language and communication needs (which will not go away when they are an adult), and 66-90% of children and young people who offend have low language skills, most in police custody would struggle to read and understand the easy to read version.

CYCJ developed a 'Journey through Justice', a resource aimed at supporting a young person to navigate through the youth justice system. This was developed in conjunction with young people, who, when offered the opportunity to discuss how they preferred to receive information, they overwhelmingly stated that this would be through speaking to someone. Consideration should therefore be given to different ways of providing this information and the support offered.

It is the view of CYCJ that the letter of rights does not cover everything individuals may need to know. Examples of information missing may include, what if an individual was cold? What is the bell for in their cell and when can they use this? What happens if they are being searched or strip searched, what are their rights then?

Some information is also missing, regarding in what situations you may be allowed to go home on a warrant? In what exceptional circumstances can you be released? It may be good for examples to be given.

CYCJ is also unsure what the statement 'You have a right to have your say' actually means in practice and what the impact of this may be.

In our view, these are areas that need further explaining or examples given.

After this consultation, if the recommendation is to re-write both documents, perhaps the support of speech, language and communication experts and in co-production with individuals who have been in police custody would be of benefit.
CYCJ would recommend co-producing any new or up-dated guidance with individuals with lived experience who will add significant value to the development of resources and their use thereafter. CYCJ would be happy to help facilitate this.

Having a text box does emphasise that these are key pieces of information, if you know that's what text boxes do. Some people in custody may not understand their significance or what is written in these boxes.

If you are not able to understand what is written or cannot read, having the information in a box won't necessarily help.

CYCJ is of the opinion that having this information in a variety of different formats would benefit many more individuals and support understanding. Watching or listening to your rights and also having it in print, that was easy to read/understand would help those who may struggle to read or have communication needs. As stated earlier, evidence suggests that the majority of young people in the justice system have issues with communication and prefer information given verbally.

At CYCJ we have been considering using actors to create a short film regarding children/young people's rights in police custody which is perhaps an area the Scottish Government would be interested in hearing more about?

CYCJ believes that some terminology needs further explaining or alternative words/phrases used.

Based on evidence, speech, language and commination therapists could advise of the best language/terminology to use and will be easy for the majority of individuals to understand.

Both versions would benefit from of the use of simple language that is commonly used/understood. For example, using the term appropriate adult can mean many different things, so to say, 'you can have someone with you', would help to explain this; or compulsory supervision order, many young people will only know as 'panel order' or 'order from the hearing', so this would also need an explanation.

Medical condition, mental disorder and health care professional are terms that are also used within the letter which again may require an explanation.

As stated earlier, there is very little difference between the two versions and some of the language needs changed to plain English to ensure it is easier to understand.

Again, as stated, there is very little difference between the two versions and if you have speech, language or communication needs as we know most people in custody do, then this version will not be easy to read or understand.

Visual aids do help understanding, although some of the diagrams could be up-dated/improved.

As stated earlier, audio or visual aids would help to make this more accessible.