Advising clients at the police station - Representation of v...

Learning Outcomes

This article outlines the law and procedure for advising vulnerable clients at police stations, including:

• The impact of vulnerability on a suspect’s capacity to understand and exercise legal rights, participate meaningfully in police processes, and access all available safeguards.
• Recognition and assessment of vulnerability in practice, covering youth, mental disorder, learning disability, communication or sensory difficulty, language barriers, intoxication, and contextual factors such as distress, trauma, or fatigue.
• Procedural and substantive safeguards for vulnerable suspects under PACE 1984 and Codes C and D, and how failures can affect admissibility and weight of evidence.
• Criteria for identifying when an appropriate adult (AA) is required, eligibility for the role under Code C para 1.7, and how to challenge inappropriate AA appointments.
• The role and responsibilities of the AA during interviews, identification procedures, and other critical evidence‑gathering encounters, including promoting understanding and fairness.
• Core solicitor duties toward vulnerable clients, including ethical compliance, ensuring informed instructions, and intervening decisively where fitness to be interviewed or effective participation is in doubt.
• Application of these principles to SQE1‑style scenarios, analysing capacity, reliability of admissions, and the adequacy of safeguards in the criminal process.

SQE1 Syllabus

For SQE1, you are required to understand the law and procedure for advising vulnerable clients at police stations, with a focus on the following syllabus points:

• the definition and recognition of vulnerability in suspects (including juveniles and those with mental health or communication difficulties)
• the legal framework for the treatment of vulnerable suspects under PACE 1984 and Code C
• the role and selection of the appropriate adult
• solicitor duties and ethical considerations when advising or representing vulnerable clients
• special considerations for police interviews and identification procedures involving vulnerable suspects

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the primary purpose of an appropriate adult during a police interview with a vulnerable suspect?
2. Who is considered a "juvenile" for the purposes of police station procedures under PACE Code C?
3. True or false? A solicitor can act as an appropriate adult for their own client if no other adult is available.
4. What should a solicitor do if they suspect a client is not fit to be interviewed due to mental health concerns?

Introduction

When advising clients at the police station, solicitors must be alert to the possibility that a client is vulnerable. Vulnerability is not confined to age or obvious conditions: it extends to mental health, learning disabilities, developmental or cognitive impairment, communication difficulties, physical (including sensory) disability, language barriers, cultural or social marginalisation, and situational factors such as shock, trauma, or acute distress. Vulnerable suspects require additional safeguards to ensure their rights are protected and that they can participate effectively in police procedures. Solicitors play a critical role in ensuring these protections are put in place and applied lawfully.

Key Term: vulnerable suspect
A person who, because of age, mental health, learning disability, communication difficulty, or other circumstances, may have difficulty understanding or participating in police procedures, or is at risk of disadvantage or injustice unless special protections are applied.

Key Term: juvenile
For police station procedures, a person who is under 18 years old, or appears under 18 unless clear evidence shows otherwise.

Recognising Vulnerable Clients

Vulnerability is both a legal and a factual question. PACE Code C, para 1.4, defines a mentally vulnerable person as any person who, because of their mental health or other condition (e.g., learning disability), may not understand their rights or the implications of police procedures, or is likely to provide unreliable, misleading or self-incriminating information. The custody officer must conduct an initial risk assessment to identify vulnerability and should remain vigilant for signs of vulnerability throughout detention.

Suspects may not present with overt signs of vulnerability. Factors such as confusion, inability to follow what is happening, difficulty with language or comprehension, or apparent acquiescence or anxiety should trigger further inquiry. Experience demonstrates that many individuals with learning disabilities or mental disorders may wish to "mask" their difficulties for fear of stigma.

Although mental vulnerability is formally defined in the Codes, a solicitor must apply wider professional judgment and ethical awareness to any circumstance where a client’s ability to participate effectively, or to give reliable instructions or evidence, may be compromised.

Key Term: PACE Code C
The Code of Practice under PACE 1984 governing the detention, treatment, and questioning of suspects by police, including special rules for vulnerable persons. Code C para 3.20A requires that a girl under the age of 18 detained at a police station be under the care of a woman.

Key Term: appropriate adult
An adult who supports and safeguards the interests of a vulnerable suspect during police procedures, ensuring fair treatment, effective communication and comprehension, and the reliability and lawfulness of evidence gathering and decision making.

Legal Safeguards for Vulnerable Clients

The legal framework for the detention, treatment, and questioning of vulnerable suspects is principally governed by the Police and Criminal Evidence Act 1984 (PACE) and PACE Codes of Practice C (treatment, detention, and interviews) and D (identification procedures). These contain mandatory requirements to safeguard the interests of the vulnerable.

Under PACE 1984 and Code C, vulnerable suspects must be protected against risks including misunderstanding, unreliability or suggestibility in evidence, and disadvantage when exercising their rights. The minimum procedural safeguards include:

• the right to an appropriate adult (AA) whenever a juvenile or vulnerable adult is detained or suspected of a mental disorder or learning disability
• active steps by police to ascertain and record vulnerability, and to revisit vulnerability where information changes or further signs emerge
• prohibitions on interviewing, cautioning, or asking for or receiving a written statement from a vulnerable suspect in the absence of the AA, except in strictly limited circumstances
• careful monitoring of fitness for interview, with the AA and (if appropriate) medical professional involvement
• requirements for explanations of rights and processes to be given in clear, accessible, and age- or development-appropriate language (PACE Code C, para 3.17)
• procedures for raising and responding to capacity issues and the risk of forced or involuntary confessions

Police must inform the person responsible for a juvenile’s welfare (usually a parent, guardian, or social worker) as soon as practicable of the arrest, reasons, and place of detention (Code C, para 3.13). For those under a court order under statutory supervision, reasonable steps must be taken to notify the responsible officer (typically a Youth Offending Team member).

When Must an Appropriate Adult Be Provided?

An AA must be present for:

• all police interviews and identification procedures involving a vulnerable person (juvenile or adult) or whenever the suspect appears unable to understand or participate effectively
• the giving or repeating of the police caution or requesting/signing of a written statement/record of interview
• significant conversations between the suspect and police that might affect evidence gathering
• the provision, or consent to take, samples, fingerprints, or other evidence from a vulnerable person
• explanations of rights and entitlements, especially where language, comprehension, or capacity is an issue

Legal and procedural safeguards under Code C are mandatory, not discretionary. If doubt exists as to a suspect’s age or mental capacity, the police must err on the side of treating the person as vulnerable and require the presence of an appropriate adult.

Who Can Be an Appropriate Adult?

The police should first contact a parent, guardian, or a person responsible for the juvenile’s welfare; for children in local authority care, the appointed person from the authority. If unavailable, the police should contact a local authority social worker. Where neither is available, another responsible adult (over 18, not a police officer or associated with the investigation) may take on this role.

For adults with mental illness or disorder, the AA may be:

• a relative, guardian, or carer responsible for that person's care or custody
• a person experienced in dealing with mentally vulnerable individuals (e.g., an independent mental health advocate or professional)
• an independent person (not involved in the investigation or alleged incident)

The AA must have sufficient independence and capability to ensure safeguarding, support, and fairness. The AA must not be in a position of conflict, or be so involved in the incident or investigation, or so close to the suspect (or alleged victim) as to undermine the protections intended.

Key Term: conflict of interest
A solicitor must not act as both the legal adviser and the appropriate adult for a suspect, in order to preserve professional confidentiality, independence, and the client's right to an active supporter in addition to legal representation. Police or persons employed by the police, victims, witnesses, persons to whom the suspect has made admissions, or anyone else directly involved in the investigation, must not act as an appropriate adult.

Who Cannot Be an Appropriate Adult?

• A solicitor or legal adviser acting in their professional capacity for the suspect
• Anyone involved in the police investigation, the victim, a witness, or someone to whom the suspect has made admissions before being asked to act
• Anyone the suspect expressly and specifically objects to, provided that another suitable person is available (in the case of an estranged parent, for example)
• Persons under 18, or others lacking independence or understanding sufficient to fulfil the AA role

The Role of the Appropriate Adult

The AA plays a proactive, not passive, role in the police station and at all relevant stages of the investigation. The purpose is both to safeguard the rights and welfare of vulnerable suspects and to ensure that any evidence obtained is reliable and lawfully procured.

The AA’s main functions include:

• Ensuring the suspect understands their legal rights, the police process, and the implications of decisions made
• Actively advising and assisting the suspect during the interview, identification, and procedure; intervening where necessary to clarify questions or explanations
• Observing police behaviour to ensure procedural fairness and proper conduct; raising concerns about any risks of injustice or breach of codes (PACE Code C, para 11.17)
• Promoting effective communication between police and the suspect, explaining or requesting clarifications as needed
• Supporting the welfare and best interests of the suspect, including making representations concerning rest, breaks, or the need for medical assessment
• Helping the suspect to participate actively and make genuinely informed decisions

The AA must be present for all key stages unless the urgent interview exceptions in Code C, para 11.1 apply—which are tightly drawn and rarely satisfied. If the AA is absent or is required to leave due to improper conduct, the interview must be paused and another AA located.

Worked Example 1.1

Scenario: A 16-year-old is arrested for theft. Her mother is unavailable, and the police ask her teacher to act as the appropriate adult. During the interview, the teacher helps explain questions and ensures the girl understands her rights.

Answer:
The teacher can act as the appropriate adult if a parent or social worker is unavailable, provided they are not involved in the investigation. The teacher’s role is to support and assist the juvenile, not simply to observe.

Solicitor Duties When Representing Vulnerable Clients

Solicitors are bound by the SRA Principles and Codes of Conduct, including duties to act in the client’s best interests, preserve independent judgment, maintain confidentiality, and ensure fairness and justice are upheld. When representing vulnerable clients, these duties become especially acute.

Solicitors must:

• Use clear, simple, and accessible language, and modify explanations to the client’s age, development, and understanding
• Check and confirm the client's understanding frequently, using open-ended questions (e.g., "Can you explain to me what you think is happening now?")
• Intervene if the client appears unfit for interview, is not understanding questions, or is giving unreliable or contradictory answers. This may require pausing or stopping the interview, requesting an AA or medical professional, or (where appropriate) seeking an adjournment
• Explain legal choices, potential outcomes, and risks in ways appropriate to the client's needs
• Ensure an AA is present whenever necessary before any interview proceeds
• Challenge inadequate police risk assessments, delays, or failures in providing supports

Professional obligations also require that if a client admits guilt in confidence but instructs the solicitor to present a false account or blame another in interview, the solicitor cannot continue to act (SRA Principle 5 and Law Society Guidance). A solicitor must not mislead the police or court, or allow a client to mislead by proxy.

Solicitors should remember that vulnerability is not always obvious and should be alert to signs such as confusion, distress, abnormally compliant behaviour, or an inability to answer simple questions.

Worked Example 1.2

Scenario: A 22-year-old man with learning difficulties is arrested for assault. The solicitor notices he struggles to answer basic questions and seems confused about the process.

Answer:
The solicitor should inform the custody officer of their concerns and request an appropriate adult. The interview should not proceed until an appropriate adult is present and the client is fit to be interviewed.

Where a solicitor is unsure about a client’s fitness to be interviewed (for example, due to acute distress, medication, psychiatric disorder, intoxication, or language barriers), they must advise the custody officer and request a medical assessment or AA as required by Code C, para 3.16 and 11.18.

Special Considerations for Police Interviews

Police interviews with vulnerable suspects must be conducted with enhanced procedural safeguards. The presence of the AA and the monitoring solicitor is mandatory unless the urgent interview exceptions (Code C para 11.1) apply. The full caution must be administered in the presence of the AA. The interview should not continue if:

• The suspect is unfit by reason of health, intoxication, or acute distress, or if their understanding is in doubt (Code C, para 11.15)
• Explanations of the process, rights, and the nature of the investigation have not been given in accessible language
• The suspect cannot participate effectively or provide intelligible testimony due to communication or cognitive deficits

Solicitors should proactively request rest breaks and, if needed, the intervention of a healthcare professional where the suspect is showing signs of inability to participate, or is giving unreliable or self-incriminating statements.

Key Term: fit to be interviewed
A standard requiring that the suspect’s physical and mental state is such that they are capable of understanding the interview process, answering questions, and participating meaningfully without undue risk of distress, confusion, or miscarriages of justice.

Where the appropriate adult is present, the officer must inform them actively about their role and purpose, not merely expect the AA to observe.

Worked Example 1.3

Scenario: A 15-year-old with ADHD is being interviewed about shoplifting. The solicitor notices the client is distracted and not following the questions.

Answer:
The solicitor should ask for breaks, ensure the appropriate adult helps keep the client focused, and check understanding after each question. If the client cannot participate effectively, the interview should be postponed.

It is not sufficient to proceed with questioning for expedience; there must be genuine engagement and comprehension, as the law places the reliability of evidence and the fairness of the procedure above administrative convenience.

Identification Procedures and Vulnerable Clients

When a vulnerable suspect is asked to participate in identification procedures—such as a video identification, an identification parade, or group identification—additional safeguards apply to protect the reliability and lawfulness of the process:

• The AA must be present at all stages of the identification procedure
• For juveniles 14 or over, both their own and their parent/guardian’s consent is required; under 14, only the parent/guardian can provide consent
• The police and AA must ensure that the procedures comply with Code D requirements, including the opportunity for the solicitor to observe the process
• The identification process must be explained in clear and accessible language, and the suspect’s understanding checked throughout

If the suspect or the AA raises any objections regarding the procedure or its fairness (for example, lack of similarity between participants in an identification parade, or intimidation), the authorities must respond, and any significant breach may render the identification evidence inadmissible at trial.

Solicitors and AAs must also be alert for situations where participation in the identification procedure would pose a risk of confusion, misidentification, or distress to the vulnerable suspect.

Charging and Bail Decisions for Juveniles

When a juvenile is charged with an offence, specific processes are triggered in addition to those that apply to adults:

• The custody officer must immediately inform the AA and the person responsible for the juvenile’s welfare (parent, guardian, or appointed carer/local authority officer)
• Upon charging, a copy of the charge sheet is provided both to the suspect and to the AA
• Bail decisions for juveniles are guided by principles in the Bail Act 1976, but a juvenile should not ordinarily be detained overnight at a police station. If bail is refused, the default is remand to local authority accommodation, unless it is impracticable or, for those aged 12 or over, no secure accommodation is available and detention is necessary to protect the public or prevent further offending (Children and Young Persons Act 1933, s 38(6))
• Juveniles charged with grave crimes or jointly with adults may be remanded in custody, but only under strict statutory criteria

In addition to complying with bail legislation, solicitors must address issues of vulnerability at every stage of advice, including highlighting special needs, communication barriers, or risks in open court or at hearings concerning bail or remand.

Alternatives to Charging Juveniles

Where appropriate, police may dispose of minor offences by way of informal measures to avoid unnecessary criminalisation of young people, provided sufficient safeguards are observed:

• Community resolution: informal agreements usually entailing an apology, voluntary compensation, or engagement with diversionary services. These require genuine admission of guilt and presence of the AA.
• Youth cautions: formal warnings for minor offences, which require the suspect’s admission and the presence of an AA.
• Youth conditional cautions: cautions with attached requirements (rehabilitation, reparation, or other conditions), which the youth must understand; non-compliance may lead to prosecution.
• Referral to Youth Offending Teams or community-based programmes may also be suitable, especially where factors contributing to vulnerability are in play.

In all of these alternatives, the suspect’s comprehension and capacity to consent are critical, and the presence of the AA is non-negotiable.

Summary

Vulnerable clients at the police station benefit from specific statutory and procedural safeguards under PACE 1984 and the Codes of Practice. Solicitors have an enhanced responsibility to detect and respond to all signs of vulnerability, ensure that all procedures are fit for purpose and fairly administered, and guarantee the effective involvement of the appropriate adult. The AA is a central safeguarding figure, not merely a box-ticking formality, and must support, communicate, and advocate for the vulnerable person throughout. Special rules apply to interviews, identification, charging, and bail, and all practitioners must ensure that these are fully observed to prevent injustice, the risk of unreliable evidence, or breaches of clients’ fundamental rights.

Key Point Checklist

This article has covered the following key knowledge points:

• Vulnerable suspects include juveniles, and all those affected by mental health conditions, learning disabilities, cognitive impairment, sensory or communication difficulties, or other factors limiting effective participation.
• Mandatory safeguards for vulnerable suspects are set out in PACE 1984 and Codes C and D, including the right to an appropriate adult at interviews, identification procedures, and when being cautioned or charged.
• An appropriate adult must not be a solicitor for the suspect, a police officer, a victim, a witness, or anyone involved in the investigation—independence and capability are prerequisites.
• The AA actively supports, advises, and assists the suspect, ensuring fairness, lawful process, understanding, and effective participation.
• Solicitors must use clear and accessible communication, check regularly for comprehension, ensure all safeguards are in place, and act ethically to prevent injustice or unreliable evidence.
• Special procedures and heightened scrutiny apply for interviews, identification, charging, bail, and alternatives to prosecution involving vulnerable clients.

Key Terms and Concepts

• vulnerable suspect
• juvenile
• PACE Code C
• appropriate adult
• conflict of interest
• fit to be interviewed