Appendix A
Protocols of Practice
Provision of an Appropriate Adult Service for Young People and/or Vulnerable Adults under the Police and Criminal Evidence Act 1984 for Greater Manchester
This agreement is between: OPCC, GMP, Salford Community Health and Social Care, Salford EDT, Salford YOT, Trafford Community Health and Social Care, Trafford EDT, Trafford YOS, Stockport Adult Social Care, Stockport EDT, Stockport YOS, Oldham Adult Services, Oldham EDT, Oldham YOS, Tameside Mental Health Services, Tameside EDT, Tameside Adult Services, Tameside YOS, Manchester Adult Social Care, Manchester YOS, Rochdale EDT, Rochdale YOT, Bury Adult Services, Bury EDT, Bury YOS, British Transport Police and Border Force, Manchester Airport
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OPCC VOLUNTEER APPROPRIATE ADULT SCHEME PROTOCOL
Introductory Statements
1. This document sets out the protocols of practice, consultation and liaison in a multi-agency partnership; between the aforementioned agencies and the Office of the Police and Crime Commissioner (Commissioner’s Office) in relation to the provision of the Appropriate Adult Service for young people and vulnerable adults who are detained at a police station within Greater Manchester.
2. For the purposes of this document the wording ‘juveniles’ shall refer to vulnerable people between the ages of 10 and 16 as defined under the Police and Criminal Evidence Act 1984 and the Codes of Practice. However, it is to be noted that the local agreement is for GMP to offer the service to 17 year olds.
3. The wording ‘Vulnerable Adult’ is as follows -
Paragraph 1.4 of PACE Code C states:
“If an officer has any suspicion, or is told in good faith, that a person of any age may be mentally disordered or otherwise mentally vulnerable, in the absence of clear evidence to dispel that suspicion, the person shall be treated as such for the purposes of this Code. See Note 1G”.
Note for Guidance 1G provides the definitions of ‘mentally vulnerable’ and ‘mental disorder’:
‘Mentally vulnerable’ applies to any detainee who, because of their mental state or capacity, may not understand the significant of what is said, of questions or of their replies. ‘Mental disorder’ is defined in the Mental Health Act 1983, section 1(2) as any other disorder or disability of mind’. When the custody officer has any doubt about the mental state or capacity of a detainee, that detainee should be treated as mentally vulnerable and an appropriate adult called.
Blackstone’s Custody Officers’ Manual (Fourth Edition) states:
The term ‘any suspicion’ does not leave much room for interpretation. If the custody officer or investigating officer has the slightest belief that a person is mentally disordered or otherwise mentally vulnerable, they should be treated as such.
4. The purpose of this document is to ensure that clear guidelines are in place to promote co-operation from all partners and to ensure that all service users are dealt with appropriately, effectively and speedily.
1. AIMS
1.1 To provide a 7 day week ‘Appropriate Adult’ service between the hours of 7am- midnight to young people and vulnerable adults, detained at police stations within Greater Manchester, as laid down in the Codes of Practice (S.60 (1)(a) and S.66 PACE Act) and the Police and Criminal Evidence Act 1984 and any present or future relevant legislation as required.
1.2 To provide a core volunteer service between the hours of midnight to 7.00am.
1.3 The protocol seeks to assist partner agencies in maintaining the most effective use of resources and to enhance the overall commitment between local statutory agencies in working together to deliver high quality services across Greater Manchester.
1.4 The protocol seeks to assist partner agencies in ensuring compliance with specific statutory duties and in the pursuance of more general duties and responsibilities to the courts, to adults and children and to local communities.
1.5 To improve communication between all agencies involved in the detention and welfare of young people and vulnerable adults in the criminal justice system.
1.6 To ensure that as far as possible all safeguarding needs are addressed in the detention and welfare of young people and vulnerable adults in the criminal justice system.
2. OBJECTIVES
2.1 To endeavour to provide trained adult volunteers in the absence of a parent, carer, social worker or YOS worker or guardian, to act as the ‘appropriate adult’ for young people and vulnerable adults in the police station, unless a social worker is required. (See section C1.4 and C1.6).
2.2 To develop and manage an efficient and user friendly Appropriate Adult Service for Greater Manchester serving the local community, police, social services and YOS, in fulfilling the statutory requirements of the Police and Criminal Evidence Act 1984 (PACE) and the Crime and Disorder Act 1998.
2.3 To provide suitable training for volunteers to undertake the role of Appropriate Adult with regular support and supervision from the Commissioner’s Office service staff.
2.4 A mandatory training programme will be provided to volunteers including, safeguarding and mental health, which must be undertaken every 2 years.
2.5 To ensure quality assurance mechanisms are in place to monitor the quality and effectiveness of the volunteers.
2.6 To assist and support young people and vulnerable adults with communication whilst in police custody and ensure they are afforded their entitlements, provisions and representations as necessary, whilst remaining neutral to any investigation.
2.7 To ensure that the detainee understands their rights and entitlements as outlined in the PACE Act (1984) Codes of Practice, to facilitate communication and witness that the investigation processes are carried out fairly.
2.8 The Appropriate Adult Service will develop and maintain a documentation system suitable for recording accurate information and statistical data regarding juvenile and vulnerable adults requiring assistance under the Appropriate Adult scheme. This will be shared with relevant agencies in line with existing policies regarding access to records, as afforded within the Data Protection Act and The Human Rights Act.
3. CRITERIA FOR USING THE APPROPRIATE ADULT SERVICE
3.1 The Appropriate Adult Services is for juveniles and vulnerable adults who are in detention at Greater Manchester Police Stations, as defined under the Police and Criminal Evidence Act 1984 and the Codes of Practice.
3.2 In addition it must be established that their relative, carer, guardian or social worker is unable or unwilling to attend. In the event that a person is in the care of a Local Authority, the custody officer will inform Social Services.
3.3 The relevant agency should consult the criteria below, in making the decision for them to attend or to call upon the Commissioner’s Office Appropriate Adult Service. It is imperative that the agency attends in these cases, and for other cases, if they have looked at the circumstances and deemed it necessary.
Criteria
- Seriousness of the offence i.e. attempted murder, murder, rape, sexual offences, and terrorism
- Complexities of the person i.e. mental health, learning difficulties, racist views
- If known to them
It is reasonable for the AA to ask the relevant agency the reason why they are unable to attend.
3.4 As per PACE Code C 1 D, in the case of people who are mentally disordered or otherwise mentally vulnerable, it may be more satisfactory if the appropriate adult is someone experienced i.e. ASW or trained in their care rather then a relative lacking such qualifications. But if the detainee prefers a relative to a better qualified stranger or objects to a particular person, their wishes should, if practicable, be respected.
4. AVAILABILITY OF SERVICE
4.1 The Service Provider will endeavour to provide, within the resources available a 24 hour 7-day week Appropriate Adult Service for young people and vulnerable adults in custody at a police station in Greater Manchester to Social Services & Youth Offending Services.
4.2 The Service Provider will provide Social Services, YOS, EDT and Custody Officers, with a reliable contact point, available during the agreed hours of this service, for communication to the Appropriate Adult Service. This will initially be the Volunteer Schemes Co-ordinator. In the event that Social Services, Youth Offending Services and GMP are unable to obtain the Services of an Appropriate Adult, the Volunteer Schemes Co-ordinator will endeavour to obtain the service for you.
4.3 With regard to ‘Out of Hours’ (OOH’s) and in the event that Social Services, Youth Offending Services and GMP are unable to obtain the services of an Appropriate Adult, please contact Salford Council’s Emergency Services Team on 0161 793 3074.
4.4 An Appropriate Adult volunteer will attend the police station as soon as possible after call out, usually within 1 hour and 30 minutes, or by appointment at a mutually agreed time with the Custody Officer, duty Solicitor or legal representative.
5. CONTACT ARRANGEMENTS AND REFERRALS
5.1 The rota with the volunteer contact list will be e-mailed to each relevant agency by 16.30hrs on the Wednesday for the following week. Any changes i.e. illness of volunteers will be e-mailed on receipt of notification.
5.2 The police shall refer all young people and vulnerable adults in need of an appropriate adult as described in the above criteria, to the relevant agency i.e. Social Services, who will then decide if they need to attend i.e. the person is in the care of the Local Authority/seriousness of the case or call upon the service provider.
5.3 In the event of agencies using the Appropriate Adult Service a completed AA/1 referral form should be emailed through to the relevant custody suite for collection by the appropriate adult.
5.4 Referring agencies will ensure that any pertinent and relevant information is provided to the volunteer, this must include safeguarding etc concerns.
Referral details will be entered on the AA/2 PACE callout form.
N.B. AN APPROPRIATE ADULT WILL NOT PROCEED WITHOUT A COMPLETED AA/1 REFERRAL FORM
6. SPECIFIC ISSUES re: Appropriate Adults
6.1 In appointing Appropriate Adults, care must be taken to avoid any potential conflict of interest. For example, serving Police Officers and other serving members of Police Staff or Commissioner’s Office staff will be considered unsuitable for that reason. The same will also apply to Special Constables and Justices of the Peace. Other persons may also be excluded, after discussion with the individual applicant, if they have a direct involvement with the criminal justice system, such as Solicitors or Probations Officers.
6.2 All Appropriate Adults are GMP vetted and therefore have been issued with ‘Official Visitor’ ID badges.
They also have OPCC ID badges.
6.3 Where it may be appropriate, the rights of an individual could be witnessed by the Appropriate Adult at the same time as they attend for the PACE interview. However, if necessary this could be undertaken as two separate call outs.
6.4 The custody officer will allow the Appropriate Adult to have sight of the custody record for their administrative record and meet with the detainee privately, on request.
6.5 Appropriate Adult volunteers are advised that they should not attend the private consultation with the solicitor and detainee, unless specifically requested to do so by the detainee or solicitor, as they are not subject to the same legal privilege as solicitors. Whether or not to have an appropriate adult present during any such private consultation is ultimately a decision for the detained person. If an appropriate adult is present for private consultation a new appropriate adult should be requested for interview.
6.6 Should the Appropriate Adult ascertain that a detainee might be a danger to themselves or others whilst in custody, they should immediately inform the custody officer. Should the Appropriate Adult, during the course of a call out, suspect that the detainee might have significantly deteriorated in their mental or physical state, they should report this to the custody officer.
6.7 Should it be decided by the Appropriate Adult/Custody Officer that a social worker or YOS Officer should take over as the Appropriate Adult or to do a mental health assessment, the Appropriate Adult will pass over any relevant information as soon as possible to the social worker.
6.8 In all cases where a Custody Officer makes a disposal decision, the information should be given to the Appropriate Adult present as well as the detainee.
i Please note that the Appropriate Adult Service, its volunteers and staff
are not the ‘responsible adult’ and therefore are unable to transport young people home under any circumstances.
ii The appropriate adult is there as a witness and not to make decisions
that the responsible adult could make.
iii. The Appropriate Adult role at the police station ends after the disposal
decision, fingerprints, photographs and DNA are taken
iv. The OPCC Scheme Appropriate Adult role does not extend to
attending court.
6.9 The custody officers will afford to volunteers a courteous service, try to ensure that they are not left waiting in the public enquiry counter area an unnecessary length of time. Where the appropriate adult cannot be granted immediate access to the detained person then the custody officer will keep the appropriate adult informed of developments and offer adequate comfort and refreshment if volunteers are kept waiting for extended periods of time. E.g. use of police facilities while waiting for officers or solicitors if possible. Please ensure that there are adequate car parking facilities, in particular, in the evenings.
6.10 Requests for an Appropriate Adult to attend for further interviews or identity parades on a subsequent occasion for the same detained person, (in the absence of a carer or guardian) should be made via the coordinator on duty and not via the volunteer direct. However, every effort will be made to maintain continuity for the benefit of the detainee.
N.B. It is encouraged that the next of kin should be approached in the first instance in all cases, only if they are unable to attend should the appropriate adult be considered.
6.11 Requests for Appropriate Adults in:
Voluntary interviews
Following revisions to the PACE Code C in July 2012 and revisions to PACE Code G which came into effect on 12 November 2012 there will be a stronger emphasis on arrest as a last resort (i.e. only when it is believed to be necessary). Appropriate Adults (AA) are therefore likely to see both an increase in voluntary attendance (commonly known as voluntary interviews) in police custody suites and also potentially an increase in the number of voluntary interviews held in non-custodial settings such as the suspect’s home.