Appropriate Adult: Who They Are & What They Do

What is an appropriate adult?

PACE Code C paragraph 1.7A says: “The role of the appropriate adult is to safeguard the rights, entitlements and welfare of juveniles and vulnerable persons … to whom the provisions of this and any other Code of Practice apply.”^[1] The paragraph then says the appropriate adult is expected, amongst other things, to:

• “support, advise and assist them when, in accordance with this Code or any other Code of Practice, they are given or asked to provide information or participate in any procedure”;
• “observe whether the police are acting properly and fairly to respect their rights and entitlements, and inform an officer of the rank of inspector or above if they consider that they are not”;
• “assist them to communicate with the police whilst respecting their right to say nothing unless they want to as set out in the terms of the caution”; and
• “help them to understand their rights and ensure that those rights are protected and respected”.

The Home Office guide for appropriate adults puts it the same way: “The appropriate adult’s role is to safeguard the child or vulnerable person’s interests. This includes their rights, entitlements, and welfare.”^[3] GOV.UK’s guide for people who have been arrested adds that the appropriate adult’s job “includes helping you communicate, making sure you understand your rights, and checking that the police are acting fairly and respecting your rights. They cannot give you legal advice or answer questions on your behalf.”^[4]

Who needs an appropriate adult?

Anyone who appears to be under 18

Code C paragraph 1.5: “Anyone who appears to be under 18, shall, in the absence of clear evidence that they are older, be treated as a juvenile for the purposes of this Code and any other Code.”^[1] Note 1G ends by reminding officers to “bear in mind that juveniles, by virtue of their age will always require an appropriate adult.”^[1] The Home Office guide says an appropriate adult is needed for a “child (under the age of 18)”.^[3]

Anyone who may be vulnerable

Paragraph 1.4 says that if an officer “has any reason to suspect that a person of any age may be vulnerable … in the absence of clear evidence to dispel that suspicion, that person shall be treated as such for the purposes of this Code”.^[1] So the test is reason to suspect, not a confirmed diagnosis.

“Vulnerable” is defined in paragraph 1.13(d). It covers a person who, because of a mental health condition or mental disorder, may have difficulty understanding or communicating effectively about the full implications of the procedures, “does not appear to understand the significance of what they are told, of questions they are asked or of their replies”, or appears particularly prone to, for example, “providing unreliable, misleading or incriminating information without knowing or wishing to do so” or “readily agreeing to suggestions or proposals without any protest or question.”^[1]

Note 1G adds that “simply because an individual does not have, or is not known to have, any such condition or disorder, does not mean that they are not vulnerable for the purposes of this Code.” Officers must consider it “on a case by case basis”.^[1] The Notice of rights and entitlements given to detainees explains it in plain words: “If you are under 18 or are vulnerable, for example if you have learning difficulties or mental health problems, then you have a right to have someone with you when the police do certain things.”^[5]

Which situations

The Home Office guide says an appropriate adult is needed whenever a child or vulnerable person is “arrested and held in police detention”, “attends a voluntary interview under caution”, or “is detained under stop and search powers for a strip search which exposes intimate parts of the body”.^[3] For voluntary interviews, Code C paragraph 3.21A(c) says the suspect must be told of their right to have the appropriate adult present “and that the interview will be delayed until the presence of the appropriate adult … is secured.”^[1]

Who can be an appropriate adult?

For a juvenile (Code C para 1.7(a))

• “the parent, guardian or, if the juvenile is in the care of a local authority or voluntary organisation, a person representing that authority or organisation”;
• “a social worker of a local authority”;
• “failing these, some other responsible adult aged 18 or over” who is not a police officer, not employed by the police, not under the direction or control of the chief officer, and not providing contracted services to the force.^[1]

For a vulnerable adult (Code C para 1.7(b))

• “a relative, guardian or other person responsible for their care or custody”;
• “someone experienced in dealing with vulnerable persons” who is not police or working for the police;
• “failing these, some other responsible adult aged 18 or over”.^[1]

GOV.UK gives the same lists in plain English, including “a member of a local scheme of trained appropriate adults”.^[4]

The person’s own wishes

For a vulnerable adult, Note 1D says it “may be more satisfactory if the appropriate adult is someone experienced or trained in their care rather than a relative lacking such qualifications. But if the person prefers a relative to a better qualified stranger or objects to a particular person their wishes should, if practicable, be respected.”^[1] For a juvenile, Note 1B says: “If a juvenile’s parent is estranged from the juvenile, they should not be asked to act as the appropriate adult if the juvenile expressly and specifically objects to their presence.”^[1] Note 1D’s wording is “if practicable”, so a vulnerable adult’s preference is respected where it can be, not in every case.

Who cannot be an appropriate adult?

Code C Note 1B: “A person, including a parent or guardian, should not be an appropriate adult if they” are:

• “suspected of involvement in the offence”;
• “the victim”;
• “a witness”;
• “involved in the investigation”; or
• have “received admissions prior to attending to act as the appropriate adult.”^[1]

Also:

• Police and people working for them are excluded by the wording of paragraph 1.7 itself.^[1]
• The person’s solicitor: Note 1F says “a solicitor or independent custody visitor who is present at the police station and acting in that capacity, may not be the appropriate adult.”^[1]
• A social worker who has already heard an admission: Note 1C says if a juvenile admits an offence to a social worker or youth offending team member “other than during the time that person is acting as the juvenile’s appropriate adult, another appropriate adult should be appointed in the interest of fairness.”^[1]

Note 1F also says an appropriate adult who is not a parent, guardian, relative or carer “must be independent of the police as their role is to safeguard the person’s rights and entitlements.”^[1] The Home Office guide confirms: “Appropriate adult schemes are independent of the police.”^[3]

What happens at the custody desk

Under Code C paragraph 3.15, for a juvenile or vulnerable person the custody officer must, as soon as practicable, ensure that:

• the person is told an appropriate adult is required and why;
• the person is advised of the appropriate adult’s duties “and that they can consult privately with the appropriate adult at any time”;
• the appropriate adult is told the grounds for detention and where the person is; and
• “the attendance of the appropriate adult at the police station to see the detainee is secured.”^[1]

Paragraph 3.17 says that if the appropriate adult is not at the station when the person is told their rights, the rights “must be complied with again in the presence of the appropriate adult when they arrive”, and the appropriate adult gets a copy of the rights notice.^[1] The Notice of rights and entitlements says the same: the appropriate adult “must be with you when the police tell you about your rights and tell you why you are being kept at the police station. He or she must also be with you when the police read the police caution to you.”^[5] On the caution, Code C paragraph 10.12 says: “If a juvenile or a vulnerable person is cautioned in the absence of the appropriate adult, the caution must be repeated in the appropriate adult’s presence.”^[1]

Paragraph 2.4 says the detainee’s solicitor and appropriate adult “must be permitted to inspect the whole of the detainee’s custody record as soon as practicable after their arrival at the station and at any other time on request, whilst the person is detained.”^[1]

One exception on the custody side: where someone is held at a police station as a place of safety under the Mental Health Act 1983 for assessment, paragraph 3.16 says “The appropriate adult has no role in the assessment process and their presence is not required.”^[1] Annex E Note E4 repeats this for section 136.^[1]

Appropriate adults and legal advice

The appropriate adult does not replace a solicitor, and the person does not have to wait for the appropriate adult to get legal advice. Code C paragraph 6.5A: “If such a detained person wants to exercise the right to legal advice, the appropriate action should be taken and should not be delayed until the appropriate adult arrives.”^[1]

The appropriate adult can also ask for a solicitor on the person’s behalf. Paragraph 6.5A goes on: “If the person indicates that they do not want legal advice, the appropriate adult has the right to ask for a solicitor to attend if this would be in the best interests of the person and must be so informed.” But “the person cannot be forced to see the solicitor if they are adamant that they do not wish to do so.”^[1]The Home Office guide says: “Appropriate adults can ensure legal advice is available in a police station, even if a child or vulnerable person says they do not want it.”^[3]

Private consultation and privilege. Note 1E: “A detainee should always be given an opportunity, when an appropriate adult is called to the police station, to consult privately with a solicitor in the appropriate adult’s absence if they want. An appropriate adult is not subject to legal privilege.”^[1] GOV.UK says: “You can decide whether to have your appropriate adult with you when you speak to a legal adviser.”^[4] In practice this means the account of what happened is best given to the solicitor alone.

The appropriate adult in the interview

Code C paragraph 11.15: “A juvenile or vulnerable person must not be interviewed regarding their involvement or suspected involvement in a criminal offence or offences, or asked to provide or sign a written statement under caution or record of interview, in the absence of the appropriate adult unless paragraphs 11.1 or 11.18 to 11.20 apply.”^[1] The Notice of rights and entitlements lists, among the things the appropriate adult must be there for “Unless there are special reasons”: “interview you or ask you to sign a written statement or police notes.”^[5]

Paragraph 11.17 says an appropriate adult at an interview must be told:

• “that they are not expected to act simply as an observer”; and
• that the purpose of their presence is to “advise the person being interviewed”, “observe whether the interview is being conducted properly and fairly” and “facilitate communication with the person being interviewed.”^[1]

Limits. Paragraph 11.17A says the appropriate adult “may be required to leave the interview if their conduct is such that the interviewer is unable properly to put questions to the suspect.” Note 11F gives examples of unacceptable conduct: “answering questions on a suspect’s behalf or providing written replies for the suspect to quote.”^[1] If an appropriate adult is removed, “another appropriate adult must be obtained before the interview continues, unless the provisions of paragraph 11.18 below apply.”^[1]

When can police go ahead without the appropriate adult?

Only in narrow, urgent cases. Paragraph 11.18 says an interview of a detained juvenile or vulnerable person without the appropriate adult may take place “only if an officer of superintendent rank or above considers delaying the interview will lead to the consequences in paragraph 11.1(a) to (c), and is satisfied the interview would not significantly harm the person’s physical or mental state”.^[1] The consequences in paragraph 11.1(a) to (c) are:

• “interference with, or harm to, evidence connected with an offence”, “interference with, or physical harm to, other people” or “serious loss of, or damage to, property”;
• “alerting other people suspected of committing an offence but not yet arrested for it”; or
• hindering “the recovery of property obtained in consequence of the commission of an offence.”^[1]

Paragraph 11.19: “These interviews may not continue once sufficient information has been obtained to avert the consequences”. Paragraph 11.20 requires a record of the grounds.^[1] Note 11C says superintendents should use this power “only in exceptional cases, if it is necessary to avert one or more of the specified risks in paragraph 11.1.”^[1] The Home Office guide reflects the same rule from the other side: “Some procedures cannot take place without an appropriate adult present, except in very limited circumstances.”^[3]

Why the rule exists: Note 11C explains that juveniles and vulnerable people “may, without knowing or wishing to do so, be particularly prone in certain circumstances to providing information that may be unreliable, misleading or self- incriminating.”^[1]

Searches

• Intimate search (Annex A para 5): may take place “only in the presence of an appropriate adult of the same sex … unless the detainee specifically requests a particular appropriate adult of the opposite sex who is readily available.” A juvenile may have the search without the appropriate adult only if they say so in the appropriate adult’s presence “and the appropriate adult agrees.”^[1]
• Strip search exposing intimate parts (Annex A para 11(c)): “except in cases of urgency, where there is risk of serious harm to the detainee or to others”, at least two people other than the detainee must be present, and for a juvenile or vulnerable person “one of the people must be the appropriate adult.”^[1]
• Consent to a drug offence search (Annex A para 2B): “In the case of a juvenile or a vulnerable person, the seeking and giving of consent must take place in the presence of the appropriate adult.”^[1]

The Notice of rights and entitlements lists, among the things the appropriate adult must be there for unless there are special reasons, when police “remove more than your outer clothes to search you.”^[5] The Home Office guide names “some types of searches (such as those involving the exposure of intimate body parts)”.^[3]

Fingerprints, photographs, samples and identification

These procedures are governed by PACE Code D, which covers identification by fingerprints, footwear impressions, samples and photographs as well as eye-witness procedures (Code D paragraphs 1.2 to 1.5).^[2] Three Code D rules matter here:

• Participation (para 2.15): “Any procedure in this Code involving the participation of a suspect who is mentally disordered, otherwise mentally vulnerable or a juvenile must take place in the presence of the appropriate adult.”^[2]
• Information (para 2.14): information given to or sought from such a suspect “must be given or sought in the appropriate adult’s presence”, and repeated if the appropriate adult was not there the first time.^[2]
• Consent (para 2.12): consent of a mentally vulnerable person “is only valid if given in the presence of the appropriate adult”; a juvenile’s consent “is only valid if their parent’s or guardian’s consent is also obtained unless the juvenile is under 14, when their parent’s or guardian’s consent is sufficient in its own right.”^[2]

The Notice of rights and entitlements lists “take your fingerprints, photograph or a DNA or other sample” and “carry out anything to do with a witness identification procedure” among the things the appropriate adult must be present for unless there are special reasons.^[5]

Reviews and charging

Annex E paragraph 10: when a vulnerable person’s detention is reviewed, “the appropriate adult must, if available at the time, be given an opportunity to make representations to the officer about the need for continuing detention.”^[1]

On charge, Code C paragraph 16.1 says: “If the detainee is a juvenile or a vulnerable person, any resulting action shall be taken in the presence of the appropriate adult if they are present at the time.”^[1] Annex E paragraph 11 adds that a copy of the written charge notice “must also be given to the appropriate adult.”^[1] The Notice of rights and entitlements: “If your appropriate adult is available, they must be present when the police charge you with an offence.”^[5]

Local appropriate adult schemes

For children, providing appropriate adults is a statutory youth justice service. The Crime and Disorder Act 1998 s.38(4)(a) lists “the provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers”, and s.38(1) makes it “the duty of each local authority … to secure that, to such extent as is appropriate for their area, all youth justice services are available there.”^[6]

The Home Office guide says: “If you are not able to be the appropriate adult, a person from a local scheme of appropriate adults may be asked to attend.” and “It is the police’s responsibility to request an independent appropriate adult. You do not need to contact a scheme.”^[3]

What if the rules are not followed?

PACE Codes are admissible in court, and under PACE s.67(11) a relevant provision “shall be taken into account in determining that question.”^[9] Under s.78(1) the court may refuse to allow prosecution evidence if “the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.”^[8]

PACE s.77 adds a specific safeguard. Where at a jury trial the case “depends wholly or substantially on a confession” and the court is satisfied the accused “is mentally handicapped” and “the confession was not made in the presence of an independent person”, “the court shall warn the jury that there is special need for caution before convicting the accused in reliance on the confession”.^[7] The Crown Court Compendium notes that the independent person “will usually be an ‘appropriate adult’ attending in accordance with PACE Code C”.^[10] Whether evidence is excluded is always a decision for the court in the individual case; tell your solicitor about any concern.

Appropriate adult and solicitor: different jobs

An illustration (invented example)

This is an invented example to show how the rules fit together. It is not a real case. A 16-year-old is arrested and booked in before her mother arrives. She asks for a solicitor straight away; under paragraph 6.5A that request is acted on without waiting for her mother. When her mother arrives, the rights and the rights notice are given again in her presence (paragraph 3.17), and she speaks to the solicitor alone first (Note 1E). In interview, the mother is told she is not just an observer (paragraph 11.17). If she started answering questions for her daughter, the interviewer could stop the interview and refer it to a senior officer under paragraph 11.17A.