Advising clients at the police station - Role of the appropriate adult

Learning Outcomes

This article outlines the function and significance of the appropriate adult in police station procedures according to PACE Code C. It details when an appropriate adult is necessary, who is eligible to fulfil the role, and their responsibilities during detention, interviews, and identification processes involving vulnerable suspects, particularly juveniles and those with mental vulnerabilities. Understanding this is fundamental for advising clients effectively and ensuring their rights are protected, which is essential knowledge for the SQE1 assessments. Proficiency will enable you to identify and apply the relevant rules in practice scenarios.

SQE1 Syllabus

For SQE1, understanding the role of the appropriate adult is essential within the broader context of advising clients at the police station. This topic directly relates to the rights of suspects and the procedures under the Police and Criminal Evidence Act 1984 (PACE). Your assessment may require you to apply these principles to scenarios involving vulnerable individuals.

Key areas for revision include:

  • Identifying when the presence of an appropriate adult is mandatory (juveniles and mentally vulnerable persons).
  • Knowing who can and cannot act as an appropriate adult.
  • Understanding the specific duties and functions of an appropriate adult during police interviews and identification procedures.
  • Recognising the implications of breaching PACE Code C requirements regarding appropriate adults, particularly concerning the admissibility of evidence.
  • Advising vulnerable clients on their rights in the presence of an appropriate adult.

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. Under PACE Code C, which of the following individuals automatically requires an appropriate adult when detained or interviewed?
    1. A 19-year-old student with no prior convictions.
    2. A 17-year-old arrested for shoplifting.
    3. An adult suspect who appears intoxicated but is coherent.
    4. An adult suspect who refuses legal advice.
  2. Which of the following individuals CANNOT act as an appropriate adult for a 16-year-old suspect?
    1. The suspect's parent.
    2. A social worker assigned to the suspect.
    3. The solicitor representing the suspect.
    4. A responsible neighbour aged 25, known to the family.
  3. What is the primary function of an appropriate adult during a police interview?
    1. To provide legal advice to the suspect.
    2. To assist communication and ensure the suspect understands their rights and the process.
    3. To decide whether the suspect should answer questions.
    4. To negotiate bail conditions with the custody officer.

  4. True or False: If a juvenile suspect objects to their parent acting as the appropriate adult, the police must always find an alternative appropriate adult.

Introduction

When advising clients detained at the police station, solicitors must be acutely aware of the special safeguards afforded to vulnerable suspects under the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice, particularly Code C. Central to these safeguards is the role of the 'appropriate adult'. This article examines the critical function of the appropriate adult, focusing on when their presence is required, who qualifies for the role, and their responsibilities in ensuring the fair treatment and protection of rights for juveniles and mentally vulnerable individuals during police detention and investigation. Understanding this role is critical for ensuring compliance with PACE and challenging evidence obtained improperly.

Vulnerable Suspects Requiring an Appropriate Adult

PACE Code C mandates the presence of an appropriate adult for certain categories of suspects deemed vulnerable to ensure they are not disadvantaged during police procedures.

Juveniles

Any person under the age of 18 is considered a juvenile under PACE. They automatically require an appropriate adult to be present during procedures such as interviews, identification procedures, and the taking of samples. This is a mandatory requirement.

Key Term: Juvenile A person under the age of 18. PACE requires specific safeguards, including the presence of an appropriate adult, for juveniles in police detention.

Mentally Vulnerable Persons

PACE Code C also requires an appropriate adult for individuals who are, or appear to be, mentally vulnerable.

Key Term: Mentally Vulnerable Defined in PACE Code C, Note 1G, as a person who, due to a mental health condition or disorder, 'may not understand the significance of what is said, of questions asked or of their replies'. This includes conditions like mental illness, learning disabilities, or developmental disorders.

Identifying mental vulnerability can be challenging for custody officers. They must assess whether the suspect understands the significance of the process and their rights. If there is any doubt, an appropriate adult should be called (Code C, para 1.4). Factors triggering this need might include observed behaviour, information from the suspect or others, or pre-existing medical records known to the police.

Who Can Act as an Appropriate Adult?

The selection of an appropriate adult follows a hierarchy set out in Code C, Annex E.

For Juveniles

The preferred order is:

  1. Parent or guardian: Unless estranged or objected to by the juvenile (if the objection is specific and reasonable).
  2. Social worker: If the juvenile is in local authority care or if a parent/guardian is unavailable or unsuitable.
  3. Another responsible adult: Aged 18 or over, who is not a police officer or employed by the police (e.g., another relative, youth worker, volunteer from an appropriate adult scheme).

For Mentally Vulnerable Persons

The order is:

  1. Relative, guardian, or other person responsible for their care: Someone familiar with the individual's needs.
  2. Someone experienced in dealing with vulnerable persons: But not employed by the police (e.g., a mental health professional, support worker).
  3. Another responsible adult: Aged 18 or over, who is independent of the police.

Exclusions

Certain individuals are explicitly excluded from acting as an appropriate adult (Code C, para 1.7):

  • Police officers or police employees.
  • The suspect's solicitor.
  • A victim or witness in the case.
  • Anyone suspected of involvement in the offence.
  • Anyone who has received admissions from the suspect prior to acting as the appropriate adult.

Worked Example 1.1

David, aged 16, is arrested for assault. His mother attends the police station but admits she witnessed the alleged assault. The police also contact David's older brother, aged 19, who lives nearby. David objects strongly to his brother being present.

Question: Who should act as David's appropriate adult?

Answer: David's mother cannot act as she is a witness. David objects to his brother. Although a parent is preferred, the juvenile's specific objection should be considered. If David cannot suggest another suitable family member or responsible adult known to him, the police should contact the local authority social services or an appropriate adult scheme volunteer. The brother cannot act if David maintains his objection and it's deemed reasonable.

Role and Responsibilities of the Appropriate Adult

The appropriate adult's role is not passive observation but active safeguarding (Code C, para 11.17).

Key Responsibilities:

  • Support and Assistance: Providing reassurance and support to the vulnerable suspect.
  • Assisting Communication: Helping the suspect understand questions and procedures, and ensuring their own responses are understood. This may involve simplifying language or identifying communication difficulties.
  • Ensuring Rights are Upheld: Checking the suspect understands their rights (e.g., right to silence, legal advice) and that these rights are respected by the police.
  • Observing Fairness: Monitoring the conduct of police officers during interviews and procedures to ensure fairness and compliance with PACE. They should raise concerns about improper questioning or treatment.
  • Advising on Welfare: Alerting the custody officer if the suspect needs medical attention or other welfare provisions.

Specific Duties During Procedures

  • Presence during Interviews: An appropriate adult must be present during the interviewing of juveniles and mentally vulnerable suspects (Code C, para 11.15). The interview should not proceed without them unless specific exceptions apply (e.g., urgent interviews to prevent harm).
  • Presence during Identification Procedures: They must be present if a vulnerable suspect is required to participate in procedures like video identification or identification parades (Code D, para 2.12).
  • Explaining Rights and Procedures: Assisting the suspect in understanding their rights and the procedures they are undergoing.
  • Signing Records: Witnessing the suspect signing documents like the custody record or interview record, ensuring the suspect understands what they are signing.

Key Term: Appropriate Adult An independent person responsible for safeguarding the rights and welfare of a juvenile or mentally vulnerable suspect during police detention and investigation. They assist communication and ensure fairness.

Limitations on the Role

  • Not a Legal Advisor: The appropriate adult must not provide legal advice; this is the role of the solicitor. They should ensure the suspect is aware of their right to free legal advice and encourage them to take it.
  • Not to Obstruct: While they must intervene if procedures are unfair, they should not obstruct the investigation or tell the suspect what to say (Code C, para 6D Notes for Guidance).

Worked Example 1.2

A 17-year-old, Chloe, is being interviewed regarding a theft. Her father is acting as the appropriate adult. During the interview, the police officer asks complex questions rapidly. Chloe appears confused and distressed.

Question: What should Chloe's father do?

Answer: Chloe's father, as the appropriate adult, should intervene. He should ask the officer to slow down, simplify the questions, or request a break for Chloe to compose herself and potentially consult her solicitor again. His role is to assist communication and ensure fairness, which includes preventing questioning that overwhelms the vulnerable suspect.

Consequences of PACE Breaches Regarding Appropriate Adults

Failure to comply with the PACE Code C requirements for appropriate adults can have significant consequences.

Exclusion of Evidence

Evidence obtained in breach of these safeguards, particularly confessions made during interviews conducted without a required appropriate adult present, may be deemed inadmissible in court. Defence solicitors can apply to exclude such evidence under PACE 1984, s 76 (oppression or unreliability) or s 78 (unfairness).

Exam Warning

Be prepared to identify breaches of PACE Code C relating to appropriate adults in scenario questions. Key breaches include failing to call an AA when required, using an ineligible person as an AA, or conducting procedures without the AA present. Understand how these breaches can lead to evidence being excluded under s 76 or s 78 PACE.

Worked Example 1.3

Police interview Michael, a 25-year-old with diagnosed learning difficulties making him mentally vulnerable, without an appropriate adult. Michael confesses during the interview. His solicitor later challenges the confession's admissibility.

Question: On what grounds might the confession be excluded?

Answer: The confession could be excluded under PACE 1984, s 76(2)(b) if it's argued that the absence of an appropriate adult rendered the confession unreliable. The lack of support and assistance in understanding questions and rights could mean Michael did not truly understand the implications of confessing. Alternatively, it could be excluded under s 78 PACE if the court deems its admission would have such an adverse effect on the fairness of the proceedings due to the significant breach of Code C requirements.

Revision Tip

Focus on the practical application of the appropriate adult role. Consider scenarios where vulnerability might be borderline or where the designated appropriate adult might be unsuitable. Understand the hierarchy for selecting an appropriate adult and the rationale behind excluding certain individuals (like solicitors or victims).

Key Point Checklist

This article has covered the following key knowledge points:

  • An appropriate adult is mandatory for juveniles (under 18) and mentally vulnerable suspects during police interviews and certain procedures under PACE Code C.
  • Mental vulnerability relates to a suspect's inability to understand the significance of questions or their replies due to a mental condition or disorder.
  • There is a hierarchy for selecting an appropriate adult, prioritising parents/guardians for juveniles and relatives/carers for mentally vulnerable adults, followed by social workers or other responsible, independent adults.
  • Police officers, employees, solicitors acting for the suspect, victims, witnesses, and those involved in the investigation cannot act as an appropriate adult.
  • The appropriate adult's role includes support, assisting communication, ensuring rights are understood and respected, and observing the fairness of procedures.
  • They must not provide legal advice but should ensure the suspect knows their right to it.
  • Failure to provide an appropriate adult when required, or using an unsuitable person, is a breach of PACE Code C.
  • Evidence, particularly confessions, obtained in breach of the appropriate adult safeguards may be excluded under s 76 or s 78 PACE 1984.

Key Terms and Concepts

  • Appropriate Adult
  • Juvenile
  • Mentally Vulnerable
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