Role of appropriate adult and who can be an appropriate adult

Role of Appropriate Adult and Who Can Be an Appropriate Adult

An appropriate adult is a person who supports and safeguards the rights and welfare of vulnerable individuals during police investigations and interviews. This role is crucial in ensuring that suspects who are minors or vulnerable adults are treated fairly and that their rights are upheld. The presence of an appropriate adult is mandated under the Police and Criminal Evidence Act 1984 (PACE) and its associated Codes of Practice, specifically Code C.

Role of an Appropriate Adult

The primary responsibilities of an appropriate adult include:

• ★ Ensuring Understanding: Helping the suspect understand the legal process, their rights, and the questions being asked. This includes explaining the caution and the implications of remaining silent or making a statement.
• ★ Protecting Welfare: Ensuring that the suspect's welfare needs are met, including their physical comfort and emotional well-being. The appropriate adult can request breaks, food, or medical attention if necessary.
• ★ Observing Fair Treatment: Monitoring the conduct of police officers and ensuring that the suspect is treated fairly and without intimidation, coercion, or undue pressure. The appropriate adult can intervene if they believe the suspect is being treated unfairly.
• ★ Facilitating Communication: Assisting with communication between the suspect and the police, especially if the suspect has difficulties understanding or communicating due to age, mental health issues, or learning disabilities.
• ★ Supporting Decision Making: Providing support and guidance to help the suspect make informed decisions, including whether to answer questions, provide a written statement, or request legal representation.

Who Can Be an Appropriate Adult

An appropriate adult can be a variety of individuals, depending on the circumstances and the specific needs of the suspect. They must be independent and not involved in the investigation. Suitable candidates include:

• ★ Family Members: A parent, guardian, or other family member is often the first choice, as they are likely to have a close relationship with the suspect and can provide emotional support.
• ★ Carers: For vulnerable adults, a professional carer or support worker who is familiar with the suspect's needs and communication methods may serve as an appropriate adult.
• ★ Social Workers: A social worker may be appointed, especially for young people or individuals under the care of social services, to provide professional support and advocacy.
• ★ Volunteers: In some cases, trained volunteers from organizations that provide appropriate adult services may step in when family members or carers are unavailable.

Exclusions and Restrictions

Certain individuals are prohibited from acting as an appropriate adult to ensure impartiality and prevent conflicts of interest:

• ★ Police Officers: Police officers and other law enforcement personnel involved in the investigation cannot act as appropriate adults to avoid conflicts of interest and maintain the suspect's confidence.
• ★ Legal Representatives: While suspects have the right to legal representation, their solicitor cannot also serve as their appropriate adult. The roles of legal advisor and appropriate adult are distinct and serve different purposes.
• ★ Persons Involved in the Case: Anyone who may have a stake in the investigation or outcome, such as victims or witnesses, cannot act as an appropriate adult.

Conclusion

The role of an appropriate adult is vital in protecting the rights and welfare of vulnerable suspects during police procedures. By providing support, ensuring understanding, and safeguarding against unfair treatment, appropriate adults help maintain the integrity of the criminal justice process. The selection of an appropriate adult must be carefully considered to ensure impartiality and the effective protection of the suspect's rights, particularly for those who are minors or vulnerable adults.