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The Appropriate Adult role was
created by the Police and Criminal Evidence Act (PACE) 1984, with
the intention of safeguarding the rights and welfare of young
people and vulnerable adults in police custody. The rights and
responsibilities of an Appropriate Adult are detailed in the
PACE Codes
of Practice which are updated
regularly.
The Home Office and NAAN have produced a leaflet for
Appropriate Adults aimed at giving an overview of the role to
parents, carers, relatives or friends who might be called on to act
as an appropriate adult for someone they know. This leaflet can be
downloaded here:
Guide for Appropriate Adults
As shown in the leaflet, the role of the
Appropriate Adult is to support and advise a young person or
vulnerable adult in police custody and to facilitate communication
between them and the police.This person is different to a solicitor
and does not give legal advice. An Appropriate Adult can be a
family member, friend or a volunteer or social/health care
professional.
Who needs an appropriate adult?
When someone is arrested by the police and
taken to a police station, they have three basic
rights:
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1. The
right to free and independent legal advice
2. The right to have someone informed of
their arrest
3. The right to consult the Codes Of
Practice (concerning police powers and
procedures) |
They will also be given a written notice
informing them of their Rights and Entitlements whilst in
custody.
The custody officer (usually a police
sergeant) who is responsible for all those detained in police
custody must make sure that interviews and other procedures are
conducted as soon as possible and in the proper manner. They also
have a responsibility to identify vulnerable people. Those
considered vulnerable are anyone who is or appears (to the custody
officer) to be under the age of 17, people with mental health
difficulties, people with a learning disability and those who have
trouble communicating and understanding things.
Having identified a young person or a
vulnerable adult the custody officer has a duty to
request the attendance of an Appropriate Adult. Once
vulnerability has ben identified an interview cannot proceed
without an Appropriate Adult present.
NAAN has produced
a leaflet for solicitors and legal representatives about the role
of Appropriate Adults and the delivery of Appropriate Adult
services:
Information on AAs for solicitors and legal
representatives
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