8.2.1 Appropriate Adult |
SCOPE OF THIS CHAPTER
Guidelines for Staff and Volunteers acting as an "Appropriate Adult" under the Police and Criminal Evidence Act 1984
Updated February 2002
Contents
- Introduction
- Request for Appropriate Adult
- On Arrival at the Police Station
- Reading of Rights
- The Interview
- Post Interview
- Conditional Police Bail
- Refusal of Police Bail
- Photographs
- Fingerprints
- Strip Searches (Code C Annex A)
- Intimate Searches - ear, mouth, nose, vagina, anus (see Code C Annex A
- Body Samples (Code D5)
- Identity Parades Code D Annex A & B)
- Group Identification (Code C Annex E)
- Video Identification (Code D Annex B)
- Confrontation Code D Annex C)
- Custody Records
- Monitoring
- Special Guidance for Volunteers
1. Introduction
| 1.1 | These guidelines have been prepared in keeping with the standards and principles detailed in the following documents;
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| 1.2 | The arrest, interviewing, detention and charging of juveniles is a crucial stage of the justice system. The law makes it clear that a juvenile cannot go through this stage of the process without the support of an ‘appropriate adult’ acting on behalf of the young person, usually a parent or guardian. When the parent or guardian is unwilling or unable to attend the police station, the Youth Offending Team, Child Care Teams or Emergency Duty Team will be approached to provide an appropriate adult. For the purpose of this document a juvenile is a child or young person aged 16 years or under. |
| 1.3 | The procedures which the Police must follow in relation to these matters are laid out in the codes of Practice published by the government which accompany the Police and Criminal Evidence Act 1984. The codes are a guide and are not compulsory. However, evidence gathered in breach of the codes can be rendered inadmissible in a court. |
| 1.4 | Staff and volunteers need to feel confident as to their role when acting as an appropriate adult. In general, Police Officers will respect a confident and professional approach, even in situations of potential conflict. These guidelines are intended to assist to achieve this. The Youth Offending Team is also available for advice. |
| 1.5 | It is a policy requirement of the Borough to limit as far as possible the time a young person spends in a police station and in police custody. Therefore, a speedy response to a request for an appropriate adult is essential. The department aims to respond to such requests within two hours. The Borough must always be in a position to provide accommodation in the event that the police decide to detain a young person and release her/him to the custody of the local authority (see Section 8, Refusal of Police Bail). It is also a policy requirement of staff, to involve a parent/guardian as far as possible in the process. Even in cases where the young person is living in accommodation provided by the Borough it is generally good practice for staff to encourage a person with parental responsibility to attend a police station along with the social worker. |
| 1.6 | Information on any request by the Police for an appropriate adult and the outcome involving any Area Team or Social Services establishment should be forwarded to the Youth Offending Team (Tel. No.01895 812279) as soon as possible for monitoring purposes. Please keep the section informed at all stages of the process. The section will always endeavour to provide assistance and advice to the rest of the department. |
| 1.7 | It is intended that these guidelines be used in conjunction with:
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| 1.8 | These guidelines are written for those circumstances where the detained person is a juvenile that is under the age of 17. Appropriate adults are also required when the detainee has a learning disability or is suffering from mental health problems. |
2. Request for Appropriate Adult
| 2.1 | When you receive a request to act as an appropriate adult by the police, record the following: date, time request taken, name, address and gender of young person, the station making the request and the name and number of the requesting officer. Ascertain the circumstances of the arrest, how long the young person has been detained and whether their rights have been given. |
| 2.2 | Ask the requesting officer if the young person has any particular disability e.g. speech, hearing, visual or learning difficulties. Ask if the young person is able to communicate fluently in English. Record all relevant information. If an interpreter is required the custody officer will arrange this. |
| 2.3 | Ask the requesting officer if the police has contacted a parent or guardian. Record the reason given to you by the officer for a parent or guardian not being in attendance. |
| 2.4 | Ask the requesting officer if the young person is living in accommodation provided by any local authority or on a care or supervision order with this or any other local authority. If the young person is known to a social worker, ask if the police have made contact with this particular person and is that person able to attend the station. Record all answers given. |
| 2.5 | Advise the requesting officer that a solicitor will be required. If the young person has already turned down this facility the officer may decline to contact the young person’s solicitor or duty solicitor until you have arrived and advised the young person of your intention. A solicitor should be consulted where a young person is to be interviewed. |
| 2.6 | Make every effort to contact a parent or guardian or where applicable a social worker or community worker who knows the young person. Record all outcomes. Where the young person is not a resident of Hillingdon contact should be made with the appropriate authority, primarily the Youth Offending Team for relevant information. Provisional agreements should be made regarding any responses to be made on the authority’s behalf. |
| 2.7 | If you are dissatisfied with police efforts during this stage you should record your reasons and as soon as is practicable notify your line manager, the manager of the Youth Offending Team, the custody officer at the requesting station and the solicitor. |
| 2.8 | A worker should not act as the appropriate adult where they have witnessed the alleged incident; are involved in the investigation; or have received admissions from the young person prior to acting as the appropriate adult. Guidance 1D in PACE quotes ‘If a juvenile admits an offence to or in the presence of a social worker other than during the time that the social worker is acting as the Appropriate Adult for that juvenile, another social worker should be the Appropriate Adult in the interests of fairness’. For clarification, the Appropriate Adult duties commence once you have been signed in the custody area, on the custody record as arriving to carry out your duties as an Appropriate Adult. |
3. On Arrival at the Police Station
| 3.1 | Ask to see the custody officer. Ask for the following information and to see the custody record, which will contain some of it:-
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| 3.2 | Request to see the young person alone you have this right. (Code C (3.12). You can cover the following areas in your interview;
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| 3.3 | Discuss legal representation with the young person. It will cost nothing but may involve a short delay. The Appropriate Adult will decide if it is in the young person’s best interest to have a solicitor present (COP C.3.13.). In all cases where a young person has not requested an Appropriate Adult, on arrival at the police station, the Appropriate Adult will request a duty solicitor be made available for legal advice/consultation. Where a young person has requested legal advice on arrival at the police station, and the solicitor has decided not to attend then the Appropriate Adult must make contact and seek clarification of the process that the solicitor is expecting to be followed, at the police station. Any deviation from this process must be reported to the solicitor as soon as is possible before commencing any further without legal advice. Given recent changes in legislation and the corresponding changes in procedures and Police powers the Appropriate Adult should always seek legal advice for a young person being interviewed. |
| 3.4 | Advise the young person of the caution which will be given at the beginning of the interview and what this means (see section 5.1 of this document). In essence the caution means that the suspect is still able to remain silent but the court is allowed, in certain circumstances, to draw an adverse inference from the suspect’s silence. These circumstances may include:
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| 3.5 | It is the role of the solicitor to advise the young person how to respond in the interview. The young person will have a private consultation with the solicitor the contents of which will be subject to legal privilege. The appropriate adult should not be part of this consultation, unless they and the solicitor are of the view that their participation is essential to facilitate communication. |
4. Reading of Rights
| 4.1 | The young person’s rights will have been given immediately upon his arrival at the station. They will be repeated in the appropriate adults’ presence before the young person is interviewed. The custody officer will record this. |
| 4.2 | Right 1 - the right to have someone informed of his or her arrest. Right 2 - the right to consult a solicitor Right 3 - the right to consult the Codes of Practice (C.O.P., C (3.1) |
| 4.3 | There may be a delay before the interview. The codes of practice say that a juvenile should not be placed in a police cell unless no other secure accommodation is available (i.e. the detention room) and the custody officer feels that it is not practicable to supervise him/her if not in a cell. The juvenile may not be placed in a cell with a detained adult. If the custody room is quiet the custody officer will usually allow the juvenile to sit with you in the custody room. |
5. The Interview
| 5.1 | At the start of the interview the young person will be cautioned: ‘You do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence’. |
| 5.2 | Record the time the interview started and the time it finished and the names of the interviewing officers. When taking notes of the interview, make sure you include a record of any confessions, consents given for fingerprinting, photography, body searches or identification parades. Also include an assessment of the understanding, attitude, and well being of the young person. |
| 5.3 | There is a clear duty for the appropriate adult to ensure the young person understands what is being asked or him or her and the implication of certain ways of answering. The appropriate adult should, if necessary, interrupt to satisfy him/herself that the detainee understands what is being asked and the meaning of his or her reply, to ensure she/he really meant to say it in exactly that way. Certain ways of questioning such as ‘leading’ questions can confuse or intimidate the detainee and may need intervention of the appropriate adult to help him or her think clearly about the response. The detainee should be encouraged to use their own statements about events and incidents and not allow themselves to be led into a ‘yes’ or ‘no’ answers, other than over simple factual things, e.g. their names, address, etc. |
| 5.4 | An appropriate adult could be called to a subsequent court hearing if aspects of a detention and interview they attended are questioned by the defence solicitor, so it is important the role is carried out effectively and in accordance with the codes. |
| 5.5 | The codes state that ‘no police officer may try to obtain answers to questions or elicit a statement by use of oppression, or shall indicate, except in answer to a direct question, what action will be taken on the part of the police if the person interviewed answers, questions, makes a statement or refuses to do either’. (C.O.P. Section C.11.3). Make a record of any offensive or racist remarks; inform parents/guardian or solicitor if any have been made. |
| 5.6 | If there seem to be a threat or inducement ask for the question to be re-worded and your intervention to be recorded. If the police persist with the threat or inducement then withdraw from the interview and bring this to the attention of the custody officer. |
| 5.7 | If a break in questioning occurs ensure the young person is aware of exactly when the interview formally starts again to avoid confusion. There should be short breaks for refreshments every two hours and at recognised meal times and 9 hours rest (preferably at night) in any 24-hour period. |
| 5.8 | If the interview is taped, two simultaneous recordings are made. One copy is sealed and retained as a master tape. The ‘working copy’ is later used by the police to make a transcript of the interview. If the interview is contemporaneously recorded by hand, ensure that you and the young person are shown the police record of the interview and have an opportunity to read it. Sign it if you are happy. If not, do not sign and inform custody officer. |
6. Post Interview
| 6.1 | Following interview the police have a number of options;
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7. Conditional Police Bail
| 7.1 | The police custody officer has an option of releasing a young person who has been charged on Bail with conditions if they believe those conditions are necessary to prevent the young person from
Please note ‘necessary’ means more than ‘desirable’/convenient. |
| 7.2 | Examples of condition, which may be attached, include:
Where a young person is already Accommodated by the department a condition of residence at the placement may be appropriate if the local authority agrees. N.B. This is not an option for non-Accommodated children who can only be transferred to local authority accommodation following a formal denial of police bail |
| 7.3 | The police cannot attach conditions, which require the person to live in a bail hostel, make themselves available for inquiries or reports or undergo medical tests. |
| 7.4 | The custody officer imposing conditions must give reasons for his/her decision, include a note of the reasons in the custody record and give a copy to the person charged. N.B. When conditional police Bail has been granted the defendant may subsequently apply to the same or another custody officer to ask them to vary the conditions. Alternatively they may apply to the Youth Court for the conditions to be varied or rescinded. |
| 7.5 | The police are responsible for assessing risk factors prior to bailing a young person. If the young person is released from police custody, where possible the appropriate adult should ensure that the young person has the means to get home. The Appropriate Adult is not responsible for transporting the young person home, however in extreme circumstances such as, young age, high degree of vulnerability a sufficient risk assessment should be conducted prior to transportation in Appropriate Adult vehicles. On no account should an Appropriate Adult transport a young person of the opposite sex anywhere in their vehicle unaccompanied. It is however expected that the Appropriate Adult contact the parent/s or guardian/s, if possible, directly after the young person is released from the police station and inform them of the outcome. |
| 7.6 | The Youth Offending Team will formally send a letter notifying the parent/s or guardian/s of the outcome, within 48 hours. Where an appropriate adult will be required at a future police station appointment, parents should be encouraged to attend |
8. Refusal of Police Bail
| 8.1 | The police may charge the young person and detain if there are reasonable grounds for believing that the bailed young person would;
Where the police intend to refuse Bail the Appropriate Adult should clarify what the reasonable grounds are upon which they are making their decision. |
| 8.2 | If following charge the young person is to be detained by police, he/she will normally be transferred to accommodation provided by the local authority, the nature of which is a matter for the local authority. It is the local authority’s duty to produce the juvenile in court. Any appropriate adult acting on behalf of another borough should consult with the home borough and reach an agreed response before committing the other borough to a particular course of action or allocation of resources. |
| 8.3 | Any juvenile can be held by the police themselves if the custody officer certifies that it is “impracticable” to make the transfer to local authority accommodation. The circumstances, which make the transfer impracticable, must be specified in a certificate (which must be available to the court). The lack of secure local authority accommodation shall not make it impracticable for the custody officer to transfer him. The availability of secure accommodation is only a factor in relation to a juvenile for whom other local authority accommodation would not be adequate to protect the public from serious harm from the juvenile (see below). |
| 8.4 | The circumstances in which a transfer would be impracticable are those, and only those, in which it is physically impossible to place the juvenile in local authority accommodation. These might include extreme weather conditions (e.g. floods or blizzards), or the impossibility, despite repeated efforts, of contacting the local authority. The codes of practice issued under the 1984 Act make clear that neither the young person’s behaviour nor the nature of the offence with which he/she is charged provides grounds for the custody officer to retain him/her in police custody rather than seek to arrange for his/her transfer to local authority accommodation on the grounds of “impracticability”. |
| 8.5 | ‘Local Authority Accommodation’ in these circumstances may include the placing of a child with a parent. However there is case law with suggest that if the custody sergeant is not satisfied with a proposal to return a child to his parents then he can detain the child under S38 (6) (a) on the basis that it was impracticable to transfer to the Local Authority. This appears in direct contradiction to Home Office circular 78/92 (Appendix C) which notes that ‘the type of accommodation in which the local authority proposes to place the juvenile is not a factor which the custody officer may take into account in considering whether the transfer in impracticable. |
| 8.6 | In practice the number of young people we would consider sending home in these circumstances will be small. It should only be considered as an option for those young people who, as shown by their previous placement history, are more likely to abscond from a children’s home than their family home. Given the conflicting guidance on the police’s power, counsel suggests that in these cases we continue to use the Home Office Circular in our discussions with the police, whilst recognising that the police may decline to transfer the young person to our care. |
| 8.7 | The police may detain a young person who has reached the age of 12 if there are no local authority secure accommodation places available. However, the custody officer must certify that to hold the young person in accommodation other than secure provision would be inadequate to protect the public from “serious harm” from the charged young person. |
| 8.8 | Section 38(6)A of PACE defines ‘serious harm’ in the context of violent and sexual offences as ‘death or serious personal injury, whether physical or psychological.’ Whilst ‘serious harm’ is not defined in relation to other offences, the definition above should be taken as an indicator of the degree of harm to which the public would have to be exposed from the juvenile charged with any other offence before the test is likely to be satisfied. Where deeming a young person as a likely cause of serious harm the time period before the young person appears in court may also be a significant factor. |
| 8.9 | The police can usually indicate their position on police bail fairly early in the proceedings see Section 3.1 (viii). It is wise to instigate the process of finding a suitable placement as soon as you can to avoid unnecessary delays in transferring the young person when the formalities at the police station have been concluded. |
| 8.10 | The police are required to notify the court where a young person has been detained at the station (Appendix D). |
9. Photographs
| 9.1 | The photograph of a young person who has been arrested may be taken with their written consent in the presence of an appropriate adult. The young person must be told of the reasons for taking the photograph and that it will be destroyed if s/he is not prosecuted or found not guilty of the offence. The young person may witness this destruction if they so wish. |
| 9.2 | If the young person agrees to a reprimand/final warning the photograph can be retained and this may affect the decision whether to agree to this action or not. |
| 9.3 | A photograph may be taken without consent, although force may not be used, in certain circumstances (see code D 4.2). This would include where the young person has been charged with or reported for a recordable offence and has not yet been released or brought before a court. |
10. Fingerprints
Appropriate adult consent is required but the police can take fingerprints without consent and use ‘reasonable force’ if
- the young person is suspected of being involved in an offence and fingerprints would disprove or prove this, or
- the young person is charged with or reported for a recordable offence.
- Young person has been convicted of such an offence and they (i.e. police) do not have a record of fingerprints.
Where fingerprints are being taken without consent it has to be authorised by an officer of at least the rank of superintendent.
11. Strip Searches (Code C Annex A)
12. Intimate Searches ear, mouth, nose, vagina, anus (see Code C Annex A)
| 12.1 | Need to be authorised by superintendent or above if they believe that the young person may have concealed on him:
This search would have to be done by a suitably qualified medical person unless the superintendent considers this is not practical. |
| 12.2 | An intimate search at a station of a juvenile may take place only in the presence of an Appropriate Adult of the same sex (unless the person specifically requests the presence of a particular adult of the opposite sex who is readily available). See Section 11.3. The search may take place in the absence of the Appropriate Adult only if the juvenile signifies in the presence of the appropriate adult that he prefers the search to be done in this manner. The appropriate adult must also consent. A record shall be made. |
13. Body Samples (Code D5)
| a. | Non Intimate e.g. hair not pubic; nails a sample from under nail; footprint, swab taken from any part of body including mouth but not any other orifice; saliva.
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| b. | Intimate Samples e.g. dental impressions, blood; semen or any other tissue fluid urine; pubic hair; swab taken from a person’s body orifice other than the mouth.
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| c. | General
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14. Identity Parades (Code D Annex A & B)
| 14.1 | The appropriate adult must always involve a solicitor and the parents or guardians if possible. |
| 14.2 | A parade may take place either in a normal room or one equipped with a screen whereby the witness can see members of the parade without being seen. |
| 14.3 | Immediately before the parade the identification officer must remind the young person of the procedures governing its contact and caution him/her in the same manner as when originally detained for the offence. |
| 14.4 | Once the parade has been formed everything afterwards in respect of it takes place in the presence of the young person, appropriate adult and solicitor. |
| 14.5 | A parade consists of at least eight persons (in addition to the suspect) who so far as possible resemble the suspect in age height, and general appearance. |
| 14.6 | The young person and his solicitor will be asked whether there are any objections to the participants in the parade. The codes of practice say that where practicable steps will be taken to remove the objection and where it is not practicable the officer shall explain to the suspect why his objections cannot be met. |
| 14.7 | The young person can select his own position in the line. If there is more than one witness he can change his position in the line. Witnesses are brought in one at a time. |
| 14.8 | If the witness makes an identification after the parade has ended, the young person/solicitor and appropriate adult shall be informed. |
15. Group Identification (Code C Annex E)
| 15.1 | If the young person refuses or, having agreed fails to attend an I.D. parade the police may make arrangements for the witness to see him/her in a group of people. |
| 15.2 | The young person should be asked for his consent to a group I.D. However where consent is refused the I.D. officer has the discretion to proceed without it. |
| 15.3 | A group identification should, where practicable, be held elsewhere than in a police station. |
| 15.4 | If neither a parade nor group identification is arranged a witness may confront the suspect. A confrontation does not require the young person’s consent but may not take place unless the above procedures are not practicable. |
16. Video Identification (Code D Annex B)
| 16.1 | Video film of a suspect may be shown to a witness in certain circumstances. The young person should be asked for his consent to a video identification however where this is refused the identification officer has the discretion to proceed if it is practicable to do so. |
17. Confrontation (Code D Annex C)
| 17.1 | If neither a parade, group i.d. nor a video identification procedure is arranged the witness may confront the suspect. Such a confrontation does not require the suspect’s consent but may not take place unless none of the other procedures are practicable. |
18. Custody Records
| 18.1 | A record is made of all actions/events, which take place from the point that the young person is detained by the custody officer to when the young person is bailed, transferred to local authority accommodation or taken to court. |
| 18.2 | Any concerns regarding the young person’s treatment and possible breaches of the codes should be discussed with the custody officer. The appropriate adult should also ask for their concerns to be recorded on the custody record. The Youth Offending Team should also be advised. |
| 18.3 | The appropriate adult is entitled to a copy of the custody record upon request (as soon as practicable). |
19. Monitoring
| 19.1 | It is important for the local authority to make the demand for an appropriate adult service and the outcomes of arrest for juveniles. |
| 19.2 | To this end a monitoring form must be completed and forwarded to the Youth Offending Team each time an appropriate adult function is performed (Appendix E). |
| 19.3 | Where the young person is not a resident of Hillingdon, a copy of the form should be forwarded to the relevant Youth Offending Team. The Youth Offending Team shall have responsibility to ensure the relevant paperwork is received by the Youth Offending Team responsible. |
20. Special Guidance for Volunteers
| 20.1 | These guidelines are for the use by any person acting as an appropriate adult on behalf of the Borough of Hillingdon. This includes all volunteers acting as appropriate adults. |
| 20.2 | A volunteer Appropriate Adult is a valuable service offered by the Youth Offending Team. As a volunteer you are representing the Youth Offending Team and your actions will reflect upon how the team is viewed. |
| 20.3 | Requests for volunteer appropriate adults will be via one of the following methods; During office hours: Volunteers will be co-ordinated and supported by either the Appropriate Adult Co-ordinator or by the Duty worker based at the Youth Offending Team (Tel: 01895 812279) Out of office hours: Volunteers will be co-ordinated and supported by the on call social worker from the Emergency Duty Team (Tel: 01895 250111). |
| 20.4 | As a volunteer your responsibilities will include notifying the co-ordinator of any concerns you have about the young persons welfare. This is in addition to the police's responsibility to notify us of any needs the young person may have. |
| 20.5 | Volunteers are not permitted to transport young people to any location after an interview, unless consent is given by the co-ordinating agency in advance. |
| 20.6 | Volunteers will be issued with a small budget to assist young people in funding for their transportation home. |
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| 20.7 | It is your duty to pass on information that can be used to assess the risk of harm to any young person interviewed in your presence. This information is to be passed on to the agency that is co-ordinating your attendance as an appropriate adult. |
| 20.8 | The co-ordinating agency has a responsibility to inform the custody officer of any information that they are aware of that may affect the police’s decision to grant bail. |
| 20.9 | It is the responsibility of the police to assess whether or not to grant bail, based on their assessment of risk. The police assessment takes into account welfare issues as well as risk of offending on bail. |
| 20.10 | If you have any concerns when requested by the police to sign for the young persons bail then contact the co-ordinating agency to discuss the issues. |
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