Training DVD aims to transform handling of epilepsy-related cases

A new training DVD has been designed for Crown Office staff and Police Scotland officers to improve the handling of cases involving people diagnosed with epilepsy.

It shows what seizure-related behaviour looks like with real-life scenarios portraying how suspects having uncontrolled complex seizures may seem drunk and disorderly, appear to resist arrest, or to be acting illegally or indecently.

It has been developed by Epilepsy Scotland in partnership with Crown Office staff and Police Scotland, which joint-funded the project.

Deputy Chief Constable Iain Livingstone said: “Our focus is on keeping people safe and ensuring that we respond in the best way possible to the individual needs of members of the public who come into contact with the police, whether they are victims of crime, witnesses or an accused. Officers and staff will come into contact with individuals in a number of different circumstances – in the community, responding to an emergency or a crime, or in custody.

“It is vital we get it right first time. This training DVD will be a significant tool to assist us in recognising the signs of epilepsy and managing those situations. Raising awareness of police officers and police staff about epilepsy assists Police Scotland in ensuring we respond in a caring and appropriate manner in all circumstances.”

Epilepsy Scotland chief executive Lesslie Young explained: “This DVD will help frontline officers and staff in the judicial system consider and recognise epilepsy-related behaviour.

“We know some people can enter the criminal justice system inadvertently because of behaviour that is a direct result of seizure activity over which they have no control. Such cases are often dropped when corroborative medical evidence is provided, but at a significant cost to the accused in high levels of stress and anxiety, as well as the unnecessary use of judicial resources.

“Changing the way serving officers and the prosecution service perceive and handle seizure-related behaviour through education is important to avoid that unnecessary stress and anxiety as well as preventing any possible miscarriage of justice.

“We are grateful for the unstinting support offered by the Lord Advocate and the Crown Office as well as that of Police Scotland in the making of this DVD. The fact is both agencies have engaged wholeheartedly on this issue and the DVD is testimony to their aim to deal appropriately with alleged offences involving epilepsy.”

Lord Advocate Frank Mulholland QC said: “Epilepsy Scotland is a valuable partner. We applaud the work in raising the issue of epilepsy across the criminal justice system. We look forward to continuing our work with Epilepsy Scotland in training our prosecutors in this important area.”

Epilepsy Scotland says that during seizure-related behaviour from complex partial epilepsy, the person will not be aware of their actions and may not be able to respond to, or follow, direct questions or instructions. Post-seizure, the person may be confused for a time and unable to communicate clearly.

Instances of supposed shoplifting, breach of the peace, or being considered drunk and disorderly have occurred to people contacting Epilepsy Scotland’s helpline. Some have chosen in the past to plead guilty to such charges rather than endure going to court.

Epilepsy Scotland has been aware of the problem of people with epilepsy wrongly entering the criminal justice system for a number of years, through the experiences of its supporters and communication with the legal agencies involved.

Over the past two decades, there has been an ongoing and consistent demand from the Crown Office and police forces for GPs and epilepsy consultants across Scotland to supply information and medical evidence regarding epilepsy cases.

Currently there are no officially recorded statistics for the number of cases each year involving people with seizure-related behaviour entering the criminal justice system, however, with 54,000 people with epilepsy in Scotland it is estimated to be a signif