General Policing Issues
Scottish
Executive
|
Media
and Communications
News Release
|
St
Andrew's House
Regent
Road
Edinburgh
EH1 3DG
Telephone:
0131-244 1111
|
Friday
June 24, 2005
REVIEW
OF RESPONSES FOLLOWING CONSULTATION ON BLOODTESTING SUSPECTS
Responses
to the Executive's consultation on mandatory blood testing of suspects
following criminal incidents have been published today.
At
present, victims of crime who fear they may have been exposed to a
blood-borne viral infection have no right to find out whether their
alleged assailant was in fact carrying such an infection. A Procurator
Fiscal can apply for a warrant to access a suspect's medical records
or obtain a blood sample from them during an investigation into a
criminal incident. However, the victim is not entitled to this information.
The
consultation was undertaken following a petition to the Executive
by the Scottish Police Federation. This had described a number of
incidents in which police officers had been concerned about possible
exposure to a blood-borne viral infection. The Federation requested
legislation so that officers, in that position, could be informed
as soon as possible of whether there was a real possibility of infection.
Options
covered in the consultation included introducing new legislation enabling
a victim to access this information from a procurator fiscal as soon
as possible following an alleged assault. A further proposed measure
was to introduce a new civil order - a mandatory testing order - allowing
a victim to apply to a sheriff for a blood test on a suspect.
Some
of the responses to the consultation raised concerns that such legislation
may allow malicious applications to be made in attempting to find
out if someone were, for example, HIV positive. Other responses questioned
if mandatory blood testing would be as beneficial as was first thought
and if such a step was justified given the limited reduction in anxiety
that would be achieved.
To
help move the issue forward, Ministers are today announcing the creation
of a working group which will draw members from medical, police, victim
and other interest groups. Ministers expect the group to report back
to them on the mandatory blood testing proposals by October, with
further work on practical improvements to care expected by Spring
2006.
Minister
for Justice Cathy Jamieson said:
“I
am committed to ensuring that the concerns of those most at risk of
blood borne infection following criminal incidents are properly addressed.
The wide ranging responses to the consultation made clear there is
considerable sympathy for all victims of crime who may face such a
risk.
“Some
very important issues have been raised and now need to be discussed
in depth. Several of those who responded have expressed a willingness
to work with the Executive in finding ways to help those most put
at risk.
“That's
why I now want to bring together an informed group to examine the
issues raised and provide a report that will assist in developing
a way forward. The group's first task will be to report to me on possible
proposals for legislation. I have also asked the group to look at
wider issues around improving preventative and post-incident care
for people put at risk of blood borne viral infection, in addition
to the original proposals.”
NOTES
TO EDITORS
1.
In 2002 the Scottish Police Federation asked for legislation making
it compulsory for attackers who have caused police officers to be
exposed or potentially exposed to a blood borne viral infection, such
as HIV, hepatitis B or C, to undergo a blood test or alternatively
to obtain access to suspects medical records.
2.
The original consultation paper can be accessed via the following
links:
http://www.scotland.gov.uk/00020750
or
http://www.scotland.gov.uk/justice/btfci-00asp
3.
70 responses were received from those representing varying interests
including victim support, medical and health organisations, police
and emergency services, HIV and hepatitis support groups, trade unions
and others.
4.
Opinion was split on the proposals with 29 basically supporting the
proposals and 29 disagreeing. 12 responses were neutral or in favour
of the proposals only in part. But it was clear that the majority
of all respondents sympathised with the concerns originally raised
by the Scottish Police Federation.
5.
Responses to the consultation can be accessed via the following links:
http://www.scotland.gov.uk/justice/btfci-responses
A
summary of the responses can be found at
http://www.scotland.gov.uk/btfci-summary
6.
The working group will examine issues regarding mandatory blood testing
following a criminal incident and report back to ministers in October
2005. The working group will further examine issues regarding improvements
to preventative measures and care available to those put at risk of
blood borne infection following a criminal incident and report by
April 2006.
Contact:
Kenneth Graham 0131 244 2951
News
Release: «NewsReleaseNo»
Internet:
www.scotland.gov.uk
