VULNERABILITY IN CUSTODY: THE ROLE OF APPROPRIATE ADULTS

VULNERABILITY IN CUSTODY: THE ROLE OF APPROPRIATE ADULTS

Overview 1 Vulnerability 2 AA requirement 3 AA role 4 What to look out for

Maxwell Confait Murder

Maxwell Confait Murder Lattimore (18) Leighton (15) Salih

Vulnerability WHAT DOES IT MEAN IN THE CONTEXT OF POLICING?

Vulnerability “A person is vulnerable if as a result of their situation or circumstances, they are unable to take care or protect themselves, or others, from harm or exploitation.” - College of Police

Vulnerability Is anyone invulnerable? Context is critical Vulnerable to X due to Y It’s about RISK

Safeguards in custody Fitness to detain (health) Mental Health Act 1983 Assessment (health) Fitness to interview (health and justice)

Requirement for an AA WHO NEEDS AN AA?

What is the risk? As a result of mental state or condition, may: have difficulty understanding implications of processes, rights & entitlements not understand the significance of questions or their replies be prone to providing unreliable, misleading or self-incriminating information / false confessions be prone to being suggestible / eager to please be prone to being confused or unclear

A level playing field?

Vulnerability & the AA Aim: No Fair justice system miscarriages of justice Guilty are prosecuted

Vulnerability & the AA Outcome: Reliable evidence, admissible in court Fair treatment (respect for rights and welfare) Effective participation

When is an AA required? Mental vulnerability “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.[an AA is required]”

Examples of conditions ADD / ADHD Depression Bipolar (manic depressive) Anxiety disorder Post traumatic stress disorder Learning disability Autistic spectrum condition Acquired brain injury Down’s syndrome

Children often also mentally vulnerable

When is an AA required? Not affected by: Seriousness of offence Presence of a legal advisor Detained person’s wishes The availability of AAs

Role of an AA WHAT DOES AN AA DO?

What does an AA do? Scope of the role Rights & entitlements The caution and interview ID procedures Intimate and strip searching X-ray and ultrasound Reviews -continued/extended

What does an AA do? The AA provides Support Assistance Advice (non-legal) Observation Participation

What can an AA do? Special powers: Access to custody record Private consultation Interjections in interviews Representations Ensure legal advice

What is the purpose?

What is the purpose?

Who can act as AA? For children Parent, guardian or person responsible for care or custody Local authority social worker Any responsible adult aged 18

Who can act as AA? For adults Relative, guardian or person responsible for care or custody Someone experienced in dealing with mentally vulnerable people* Any responsible adult aged 18

Who can act as the AA? Independence is critical Police and their employees ICVs & Solicitors* Estranged parents** Suspects, victims, witnesses and anyone otherwise involved

Monitoring WHAT SHOULD ICVS BE LOOKING FOR?

What should ICVs look for? Police 1. Identify vulnerable adults 2. Act ASAP (practicable) 3. Don’t act without AA 4. Secure appropriate AA 5. Comply with PACE

10.00% 9.00% Police Data: Adults identified as needing AA (2013/14) 8.00% 7.00% 6.00% 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% 2013/14

Percentage of adults engaging with L&D who had an AA, by area (1st Sept 31st Dec 2014) 50% 45% 45% 41% 40% 35% 30% 25% 25% 21% 20% 15% 13% 10% 5% 0% 5% 5% 6% 20%

Respondents stating AAs are likely to be present (low) 100% 90% Within 1 hour of booking in 80% 70% 60% 58% 50% 50% 40% 42% Intimate searches 42% Consent 30% 25% 20% Constantly throughentire custody process, except long rest period 10% 0% All voluntary interviews in other locations AAs are ususally present

Respondents stating AAs are likely to be present (high) 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Pre-arranged time shortly before interview 83% 75% 75% 64% 67% 61% 56% All interviews in custody All voluntary interviews at station All ID procedures AAs are ususally present

What should ICVs look for? AAs (untrained) 1. Are not inappropriate 2. Are not excluded unfairly 3. Are properly informed

What should ICVs look for? Organised AA schemes NAAN National Standards Embedded in YJB National Standards for children’s AA provision

What should ICVs look for? Some priorities 1. Out of hours provision 2. Whole of process cover 3. Response times 4. Diversity 5. Independence

QUESTION S?

Further information www.appropriateadult.org.uk