Vulnerable Adults in Custody: Special Protections

Who is Considered a Vulnerable Adult?

PACE Code C defines “vulnerable” for the purposes of detention and interview safeguards. Broadly, this can include people who may not understand the significance of what is said to them or their replies because of mental state or capacity.^[1] Examples may include:

• Adults with mental health conditions
• Adults with learning disabilities
• Adults with communication difficulties
• Adults who may be particularly suggestible
• Adults under the influence of drugs or alcohol

The Role of an Appropriate Adult

PACE Code C describes the role of the appropriate adult as safeguarding the rights, entitlements and welfare of vulnerable persons, including supporting/assisting them through procedures and helping communication.^[1] The appropriate adult role includes:

• Supporting, advising and assisting the person when they are given/asked to provide information or participate in procedures
• Helping the person understand their rights and ensuring those rights are respected
• Assisting communication with police (while respecting the person’s right to say nothing)
• Observing whether police are acting properly and fairly

If you are unsure who can act as the appropriate adult in your situation, take legal advice and ask police what they are proposing under Code C.^[1]

Mental Health Assessments

If there are concerns about a detainee’s health or capacity to be interviewed safely, ask for a healthcare professional and make sure the custody record reflects the concerns. Code C contains safeguards for vulnerable detainees and interview decisions.^[1]

• Be at risk of self-harm
• Require medication
• Need a mental health assessment

Interview Safeguards

PACE Code C provides that a detained vulnerable person must not be interviewed (or asked to provide/sign certain written statements) in the absence of the appropriate adult, subject to limited exceptions (including “urgent interviews” with senior authorisation).^[1]

• An appropriate adult is a key safeguard for vulnerable suspects
• Ask for breaks if the person is struggling to understand or respond
• Ask for questions to be repeated or simplified if needed

Why Legal Representation is Essential

Vulnerable adults are particularly at risk during police interviews. A solicitor can:

• Ensure the appropriate adult is present and acting properly
• Challenge any breaches of PACE Code C
• Ensure the vulnerable adult's rights are protected
• Advise on whether the interview should proceed
• Ensure any evidence obtained is admissible