1GUIDANCE FOR APPROPRIATE ADULTS
The Police and Criminal Evidence Act 1984 (PACE) Codes of Practice provide for an appropriate adult to be called to the police station whenever a juvenile or mentally vulnerable person has been detained in police custody. Appropriate adults have an important role to play in the custody environment by ensuring that the detained person whom they are assisting understands what is happening to them and why.
The attached guidance is relevant to both those called upon to perform the role and the detained person benefiting from the appropriate adult’s support. It also contains a concise statement for police personnel of the content and parameters of the appropriate adult’s duties. Appendix 1 is an outline of the roles and responsibilities of the appropriate adult. It is recommended that this, or a similar local document, be handed to an appropriate adult on their arrival at the police station. Appendix 2 contains further detailed guidance which can be made available by the custody officer should the appropriate adult require it.
2PURPOSE
This procedure and practice guidance is designed to make the role of appropriate adult easier to understand and to ensure consistency for all Looked After Children. This procedure does not substitute the PACE Act 1984 and it is the responsibility of all professionals who act as an appropriate adult to read the Code of Practice.
3WHO CAN BE AN APPROPRIATE ADULT
All young people held at Police Stations must be dealt with quickly and released as soon as the need for detention no longer applies.
In terms of a juvenile, the appropriate adult can be a parent, guardian, relative, carer, Social Worker, social work representative, YOT Officer or representative or any adult over the age of 18 years.
A Solicitor cannot act as an appropriate adult nor can a person:
Connected to the offence for which the young person is being interviewed
Suspected of involvement in the offence
A witness involved in the investigation
Triage Officer (his/her role is to conduct assessment and would be a conflict of interest).
A person, including a parent/guardian should not be an appropriate adult if he/she has:
- Received admissions prior to attending to act as the appropriate adult because this could be prejudicial.
- For Looked After Children, the Children and Families and Young Offenders Service is responsible for providing an appropriate adult. For children accommodated under Section 20 Children Act, consideration should be given to contacting parents to fulfill this role.
As long as exceptions at Section 3 do not apply, foster carers or residential staff who have been trained can act as an appropriate adult.
There is a reciprocal agreement with neighbouring authorities, Newcastle, Northumberland, North Tyneside, South Tyneside, Sunderland and Durham that it is the home authority’s responsibility to provide the appropriate adult if the young person is arrested in a neighbouring authority.
4What Is the role of the Appropriate Adult?
The role of the appropriate adult is to provide support to a young person in custody. This may involve:
- Giving advice
- Ensuring Police interviews are conducted properly
- Facilitating communications between Police Officers and the young person
- Ensuring young person has access to legal advice
If the young person indicates that he/she does not want legal advice, the appropriate adult has the right to ask for a Solicitor to attend if this would be in the interests of the young person. Often young people make their decision to waive the right to legal representation on the basis of wanting to get out of the Police Station quickly without any real understanding of potential consequences. Gateshead Council’s position is that a Solicitor should always be present for a PACE interview as this is in the young person’s best interests.
The young person can still refuse to speak to the Solicitor once present. However, the Solicitor can still give legal advice to the appropriate adult.
5Step-by-Step Guide to Being an Appropriate Adult
5.1Initial call From Police
5.1.1Take details of young person and alleged offence and commence completion of PACE Monitoring Form.
5.1.2Determine when the Solicitor will be attending – take Solicitor details and agree a time to arrive at the Police Station to coincide with the Solicitor.
If Police advise that the young person does not want a Solicitor then as the appropriate adult this should be overruled. The Police understand that a Local Authority appropriate adult will not attend without a Solicitor present. If the young person does not have a Solicitor, ask the Custody Sergeant to contact the Duty Solicitor. Whilst the young person cannot be forced to have a solicitor physically present during their interview, such a situation should be an exception. In these cases, the Local Authority Appropriate Adult must ensure that the young persons’ custody record is endorsed accordingly regarding the refusal of legal advice and the reasons provided by the young person for this refusal. Under no circumstances should the appropriate adult provide or attempt to provide legal advice.
5.2Attending Police Station
5.2.1On arrival inform the front deskwhy you are there. They will contact the Custody Suite to notify of your arrival. If you are not seen within 15 minutes, remind the officers of your presence and request to be taken to the Custody Suite. A wait of more than 20 minutes is not reasonable unless extenuating circumstances.
5.2.2Ask the Custody Sergeant to view the Custody Record. This will give you the information to complete the PACE Monitoring Form. Take note of:
- Has someone been informed of his or her arrest?
- Young person’s “condition” on arrival i.e. intoxicated, cuts – seen by doctor? You are entitled to see any medical report.
- How long has young person been detailed?
- Has young person been seen regularly?
- How many hours of rest has young person had if been held overnight?
- Has young person eaten/had drinks?
Ensure you are satisfied with the contents.
5.2.3Ensure attending Solicitor is aware of your role. Record Solicitor details as per PACE Form.
5.2.4See the young person alone and in private to explain your role to him/her i.e. you are there to ensure that the young person’s welfare and rights have been respected. Ensure that he/she does not make admissions to you prior to interview and explain that unlike a Solicitor you cannot guarantee confidentiality. Do not sit in during the young person’s legal consultation.
5.3The Interview
- State your name and role.
- Record interview as per PACE Form.
- You have the right to stop an interview if you are concerned about how the young person is being treated e.g. unfair or leading questions.
- You have the right to stop the interview if the young person is becoming too distressed or if you think that he/she is incapable of understanding what is happening to him/her through limited ability or intoxication.
5.4Young Person Charged
- Record the charge.
- Witness fingerprinting, photographs, DNA sample and any drug testing.
5.5Young Person Bailed to Court
- Record Court date – attendance at Court will be required
5.6Young Person Bailed to Return to Police Station
Record day and time of return. Any suggestion to return at a time outside of office hours should only be agreed if the worker can guarantee his/her own or carers’ attendance. EDT does not accompany young people who need to respond to bail.
5.7If Refused Bail and Detailed at Police Station.
As per PACE Form – detail Custody Officer’s reason under PACE Section38.
5.8Police Request PACE Bed/Secure Accommodation
Follow relevant procedure and record outcome on PACE Monitoring Form.
5.9After the Interview
The Local Authority is responsible for ensuring the young person’s return to placement.
5.10Conclusion of Work
5.10.1Completed PACE Form to be faxed to YOT Administration Department for details to be entered onto YOIS (Youth Offending Information System) to ensure accurate recording of numbers of PACE requests and outcomes for reporting to the Youth Justice Board. This is the only central register of all PACE activity.
5.10.2If child is subject to Section 20, outcome letter to be sent to parents.
5.10.3Activity to be included in case recording.
6Children and Families and Young Offenders Service – Appropriate Adult
Updated January 201210.1
6Children and Families and Young Offenders Service – Appropriate Adult
Updated January 201210.1