Appropriate adult

Last updated

In English law, an appropriate adult is a parent, guardian or social worker; or if no person matching this is available, any responsible person over 18. The term was introduced as part of the policing reforms in the Police and Criminal Evidence Act 1984 and applies in England and Wales. [1]

Contents

In England and Wales, an appropriate adult must be called by police whenever they detain or interview a child (under the age of 18 [2] ) or vulnerable adult. They must be present for a range of police processes, including interviews, intimate searches and identification procedures, as detailed in the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice, primarily Code C. [3]

Details

In relation to children, appropriate adult is defined in primary legislation under section 38(4)(a) of the Crime and Disorder Act 1998, which defines the role as being "to safeguard the interests of children and young persons detained or questioned by police officers." The Police and Criminal Evidence Act 1984 section 63B(10) states that in relation to a 'juvenile' (Under the age of 18 [2] ) (On 26 October 2015 amendments made to section 42 changed the age of "arrested juvenile" to "Under 18" [4] ) an appropriate adult should be:

(a) his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation; or
(b) a social worker of a local authority; or
(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;

Local authority Youth Offending Teams (YOTs) have a statutory duty to provide an appropriate adult for all children under the Crime and Disorder Act 1998 s.38(4)(a). This is carried out whenever parents are unavailable, unwilling or inappropriate to act as appropriate adult. Depending on the local authority, this may be carried out by YOT staff, sessional workers, community volunteers or contracted out to a specialist charity or business. [5]

The role includes:

(a) To support, advise and assist the detained person, particularly while they are being questioned.
(b) To observe whether the police are acting properly, fairly and with respect for the rights of the detained person. And to tell them if you think they are not.
(c) To assist with communication between the detained person and the police.
(d) To ensure that the detained person understands their rights and that you have a role in protecting their rights. [6]

Appropriate adults are also required whenever mentally vulnerable adults are detained in custody. [7] However, there is no statutory provision for vulnerable adults [8] and formal schemes are not available in all parts of England and Wales. [5]

Vulnerable defendants in Northern Ireland may also be able to access the services of a Registered Intermediary to facilitate communication while giving oral testimony at court (DoJ, Northern Ireland).

The role of appropriate adult in Scots law is different from that in England and Wales. Appropriate Adults facilitate communication between the police and adults (people aged 16 or over) who have a mental disorder. This is defined in the Mental Health (Care and Treatment) (Scotland) Act 2003 as: 'any mental illness, personality disorder, learning disability however caused or manifested'. In practice this includes people with acquired brain injury, autistic spectrum disorder or dementia.

Many areas operate an 'Appropriate Adult Volunteer' scheme, where trained individuals volunteer their spare time to serve in this role. Many schemes operate on a rostered basis across weekends and sometimes week day evenings to expand the service outside of the hours provided by social workers.

Prevalence

A 2020 report by the National Appropriate Adult Network (NAAN) found that police failed to provide an appropriate adult to hundreds of thousands of suspects with mental illness, autism or learning disabilities in 2019. NAAN's chief executive said this failure risked making evidence unreliable and leading to prosecutions being abandoned. [9]

National Appropriate Adult Network (NAAN)

NAAN is the national membership body supporting and representing appropriate adult services in England and Wales. [10] NAAN has produced National Standard for AAs which were approved by the Home Office and Department of Health and Social Care in 2011. [11] [12] NAAN does not provide AA, but does represent them and provide training. [13] NAAN states that AA role is underutilised, they believe around 39% of detainees may need an AA but in 2023 only 7.3% had one. [14]

On 26 October 2015 the British government used a statutory instrument (No. 1778/2015) to commence changes to section 42 (duties of custody officer after charge: arrested juveniles) of the Criminal Justice and Courts Act 2015.

The UN Convention on the Rights of the Child defines a child as under the age of 18; however, 17-year-olds in police custody in England and Wales fell into a grey area prior to the changes in Section 42.

In 2013, the Home Secretary ordered the amendment of PACE Code C to extend the requirement for an AA to 17-year-olds when detained or questioned by police. [15]

Earlier in the year s.41 of the Criminal Justice and Courts Act made revisions to sections 66ZA and 66B of the Crime and Disorder Act 1998. This extended to 17-year-olds the requirement for an AA to be present for youth cautions and youth conditional cautions.

Section 42 of the Criminal Justice and Courts Act amends section 37(15) of the Police and Criminal Evidence Act 1984 (PACE). This is the section of PACE which defines "arrested juvenile", a term that is used in Part 4 of PACE, the part that relates to detention.

Until October 2015, PACE s.37(15) stated: "arrested juvenile" means a person arrested with or without a warrant who appears to be under the age of 17.

From October 2015, PACE s.37(15) states "arrested juvenile" means a person arrested with or without a warrant who appears to be under the age of 18.

The effect of the change is that 17-year-olds are included in the definition of "arrested juvenile". This means that, as with all other children: -

Although PACE Code C has been amended to require the presence of an AA for 17-year-olds, this is not yet in written in legislation. PACE 1984 s.63B (Testing for presence of Class A drugs) an AA must be present when police make the request, give a warning and information and take a sample "in the case of a person who has not attained the age of 17". The term "appropriate adult" is defined only in relation to a person who has "not attained the age of 17". The PACE Codes still have to be followed even though they are not law. [16]

See also

Related Research Articles

<span class="mw-page-title-main">Arrest</span> Law enforcement action

An arrest is the act of apprehending and taking a person into custody, usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest.

<span class="mw-page-title-main">Age of criminal responsibility</span> Minimum age at which a child is capable of committing criminal offences

The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed.

The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.

A citizen's arrest is an arrest made by a private citizen – a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.

In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. Minor may also be used in contexts that are unconnected to the overall age of majority. For example, the smoking and drinking age in the United States is 21, and younger people below this age are sometimes called minors in the context of tobacco and alcohol law, even if they are at least 18. The terms underage or minor often refer to those under the age of majority, but may also refer to a person under other legal age limits, such as the age of consent, marriageable age, driving age, voting age, working age, etc. Such age limits are often different from the age of majority.

<span class="mw-page-title-main">Law enforcement in the United Kingdom</span> Police in the United Kingdom

Law enforcement in the United Kingdom is organised separately in each of the legal systems of the United Kingdom: England and Wales, Scotland, and Northern Ireland. Most law enforcement duties are carried out by those who hold the office of police constable of a territorial police force.

<span class="mw-page-title-main">Juvenile delinquency</span> Illegal behavior by minors

Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. These acts would otherwise be considered crimes if the individuals committing them were older. The term delinquent usually refers to juvenile delinquency, and is also generalised to refer to a young person who behaves an unacceptable way.

Breach of the peace or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.

Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.

<span class="mw-page-title-main">Police and Criminal Evidence Act 1984</span> United Kingdom legislation

The Police and Criminal Evidence Act 1984 (PACE) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995.

<span class="mw-page-title-main">Mental Health Act 1983</span> Law in England and Wales

The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom. It covers the reception, care and treatment of mentally disordered people, the management of their property and other related matters, forming part of the mental health law for the people in England and Wales. In particular, it provides the legislation by which people diagnosed with a mental disorder can be detained in a hospital or police custody and have their disorder assessed or treated against their wishes, informally known as "sectioning". Its use is reviewed and regulated by the Care Quality Commission. The Act was significantly amended by the Mental Health Act 2007. A white paper proposing changes to the act was published in 2021 following an independent review of the act by Simon Wessely.

A police caution is a formal alternative to prosecution in minor cases, administered by the police in England and Wales. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. Accepting a caution requires an admission of guilt.

A custody officer is an attested constable, in the United Kingdom and in the United States who works in a custody suite. A custody officer is in charge of the protection and transportation of detainees and/ or prisoners between a jail or prison and court. Most custody officers in the United States are also limited commissioned law enforcement officers and can only enforce the laws that directly pertain to custody enforcement.

The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination. It is used on any occasion when it is considered the person being spoken to is under suspicion of having committed one or more criminal offences and consequently thus potentially being subject to criminal proceedings.

<span class="mw-page-title-main">Children and Young Persons Act 1933</span> United Kingdom legislation

The Children and Young Persons Act 1933 is an act of the Parliament of the United Kingdom of Great Britain and Northern Ireland. It consolidated all existing child protection legislation for England and Wales into one act. It was preceded by the Children and Young Persons Act 1920 and the Children Act 1908. It is modified by the Children and Young Persons Act 1963, the Children and Young Persons Act 1969 and the Children and Young Persons Act 2008.

The youth justice system in England and Wales comprises the organs and processes that are used to prosecute, convict and punish persons under 18 years of age who commit criminal offences. The principal aim of the youth justice system is to prevent offending by children and young persons.

An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. This can cover the rules of entry for visa applicants, foreign nationals or those seeking asylum at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal laws.

The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.

Sentencing in England and Wales refers to a bench of magistrates or district judge in a magistrate's court or a judge in the Crown Court passing sentence on a person found guilty of a criminal offence. In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any plea of guilty, the defendant's character and antecedents, including their criminal record and the defendant's personal circumstances such as their financial circumstances in the case of a fine being imposed.

Bail in the United Kingdom is the practice of releasing individuals from remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively. The right to bail is guaranteed in a wide range of contexts but is not absolute. The legal systems of England and Wales, Northern Ireland and of Scotland each deal with bail in similar but distinct ways. Bail can be granted by the courts, the police and certain other criminal justice authorities including the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA).

References

  1. ↑ Pierpoint, Harriet (2008). "Quickening the PACE? The use of volunteers as appropriate adults in England and Wales". Policing and Society. 18 (4): 397–410. doi:10.1080/10439460802094678. S2CID   144763633.
  2. 1 2 "Criminal Justice and Courts Act 2015". www.legislation.gov.uk. Retrieved 22 December 2015.
  3. ↑ UK Home Office. "Home Office Website - PACE Codes" . Retrieved 12 February 2014.
  4. ↑ "The Criminal Justice and Courts Act 2015 (Commencement No. 3 and Transitional Provisions) Order 2015". www.legislation.gov.uk. Retrieved 22 December 2015.
  5. 1 2 "National Appropriate Adult Network (NAAN) Website - Network Map" . Retrieved 12 February 2014.
  6. ↑ UK Home Office. "Guidance for Appropriate Adults" . Retrieved 12 February 2014.
  7. ↑ UK Home Office. "Home Office Website - PACE Code C" . Retrieved 12 February 2014.
  8. ↑ "National Appropriate Adult Network (NAAN) Website - Who's looking out for the adults?". Archived from the original on 21 February 2014. Retrieved 12 February 2014.
  9. ↑ Hill, Amelia (28 September 2020). "Report raises alarm over police detention of vulnerable suspects in England and Wales". The Guardian . Retrieved 29 September 2020.
  10. ↑ "THE NATIONAL APPROPRIATE ADULT NETWORK LIMITED - Charity 1104765". register-of-charities.charitycommission.gov.uk. Retrieved 16 April 2024.
  11. ↑ "Standards - National Appropriate Adult Network". www.appropriateadult.org.uk. Retrieved 16 April 2024.
  12. ↑ "National Appropriate Adult Network National Standards". GOV.UK. Retrieved 16 April 2024.
  13. ↑ "National Appropriate Adult Network". LawCareers.Net. Retrieved 16 April 2024.
  14. ↑ "More appropriate adults needed to safeguard rights of detainees - charity". BBC News. 14 April 2023. Retrieved 16 April 2024.
  15. ↑ "Police and Criminal Evidence Act 1984 ('PACE') Codes of Practice consultations" (PDF). 2013. p. 29.
  16. ↑ "If the PACE Codes Are Not Law, Why Do They Have to Be Followed? | CLJ". www.criminallawandjustice.co.uk. Retrieved 22 December 2015.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.