When a young person is arrested and taken to a police station, upon arrival, the custody sergeant must immediately inform (if they were not already aware and present) their legal guardian. As with adults, upon arrival at a police station, all young people need to be informed of their rights and entitlements. However, to ensure they understand what they are being told, and that their welfare is adequately being looked after, an ‘appropriate adult’ needs to be present.
The appropriate adult will not only be present during the process of being booked into custody, but would also remain present at the police station throughout the entire time the young person is in custody to offer support with all interactions the young person has with police, custody staff, and solicitors. More importantly, the presence of the appropriate adult is crucial at time of interview because the law states that any young person must have one present.
What is an appropriate adult?
Most of us will have heard the term ‘appropriate adult’ used a lot, either through personal experience or through watching shows on television. However, many people probably don’t fully understand what it really means.
In most cases, an appropriate adult is either a parent, legal guardian, or other family member who is able to attend at the relevant time. However, there are circumstances when the young person doesn’t have a family member or legal guardian who is able to attend, and in those instances, the custody staff will contact a volunteer from an appropriate adult scheme. These volunteers will have received training to ensure they fulfil their role to the best of their ability.
Another example of when a volunteer appropriate adult is needed is when the family member or guardian suggested is not deemed ‘appropriate’ in the circumstances because they are a potential witness, or victim, in the case. This can understandably sometimes be very difficult for the young person or the adult in question to understand, but it is important in order to safeguard the rights and the welfare of the young person being detained and questioned.
When is an appropriate adult needed?
An appropriate adult is always needed whenever a young person (under the age of 18), or vulnerable person (of any age), is:
- attending a voluntary interview under caution;
- arrested and in custody for interview; or
- when they are being strip searched (which exposes intimate parts of the body).
If you or a loved one has any questions about these requirements, because you find yourself in a situation where you think an appropriate adult is needed, or in a situation where you think one should have been used but wasn’t, feel free to contact us, and we would be happy to advise. It is very important that the requirement of the appropriate adult is understood and complied with.
What is the role of the appropriate Adult?
The main role of the appropriate adult is to facilitate communication between the young person and the relevant party, and to ensure the welfare of the young person whilst they are in custody and, more importantly, while being interviewed.
The rights and responsibilities of the appropriate adult are set out in the Police and Criminal Evidence Act 1984 Code of Practice C. Amongst other things, the appropriate adult is expected to:
- support, advise and assist the young person when they are given, or asked to provide, information or participate in any procedure
- help them to communicate, whilst respecting their right to say nothing unless they want to
- help them to understand their rights and make sure those rights are protected and respected
- observe whether the police are acting properly and fairly, and tell a more senior police officer if they are not
In addition to the above, it is also important to note that some procedures cannot take place without an appropriate adult present, except in very limited circumstances. As already mentioned, these procedures include interviews, some types of searches (such as those involving the exposure of intimate body parts), and also giving consent when required.
It is also important to know that it is a person’s right to speak privately with their appropriate adult at any time while they are in police detention or attending a voluntary interview. Appropriate adults can also ensure legal advice is available in a police station, even if the young person says they do not want it.
Need further advice? Contact our expert Criminal Defence Solicitors
Mavalynne Lewis is a highly experienced and successful criminal defence solicitor based in our Oxford office. She has developed a specialism in this particular field in Oxford and the Thames Valley.
For advice, please contact our Criminal Defence team using our online enquiry form or call on 020 7387 2032