Acting as an Appropriate Adult

SCOPE OF THIS CHAPTER

This chapter provides an introduction to the role of an appropriate adult, and links to guidance and further information from the National Appropriate Adult Network.

Note: The appropriate adult role applies to all ages, but the information in this chapter applies specifically when the vulnerable person is aged 18 or above.

1. What is an appropriate adult?

An appropriate adult is responsible for ensuring that the legal and human rights of a vulnerable person are upheld when they are being interviewed by the police, either in custody or voluntarily. The appropriate adult role is an important part of ensuring that the criminal and justice system is fair.

Some of the things an appropriate adult is expected to do are:

  • Support, advise and assist the person when they are given or asked to provide information or participate in any procedure;
  • Observe whether the police act properly and fairly to respect the rights and entitlements of the person (and to inform a senior officer if this does not appear to be the case);
  • Assist the person to communicate with the police if they wish to do so;
  • Help the person to understand their rights and ensure those rights are protected and respected.

Note: An appropriate adult must not provide legal advice. This is the role of a legal advisor, to which the person is entitled. If the person has waived their right to legal advice, an appropriate adult can still request a legal advisor be called, although cannot insist the person sees them when they arrive.

2. Deciding whether a person is vulnerable

It is the responsibility of the custody sergeant to decide whether a person is vulnerable, and therefore meets the criteria for an appropriate adult to be appointed.

Under the Police and Criminal Evidence Act 1984 (PACE), a person is vulnerable if there is any reason to suspect that they may:

  1. Have difficulty understanding the full implications or communicating effectively about anything to do with their detention; or
  2. Have difficulty understanding the significance of things they are told, questions, or their own answers; or
  3. Be prone to confusion, suggestibility or compliance;
  4. Be prone to providing unintentionally unreliable, misleading or self-incriminating information.

Under PACE, the person is not required to have a known or diagnosed condition to be deemed vulnerable. However, the following are a few examples of conditions where, if present, the need for an appropriate adult should be considered:

  • Mental illness;
  • Learning disabilities;
  • Autism;
  • Brain injury.

3. Appointing an appropriate adult

If the custody sergeant has deemed the person to be vulnerable under the PACE criteria, there is a legal requirement for them to appoint an appropriate adult.

This requirement applies regardless of the type of offence or whether there is a legal advisor already present. It also applies even if the person says they do not want an appropriate adult.

It is the responsibility of the custody sergeant to decide who should act as an appropriate adult.

Under the Police and Criminal Evidence Act 1984 (PACE), the police are encouraged to use an individual who is experienced or trained (most areas have an organised appropriate adult scheme that the police can access). However, if the person has expressed a preference for a friend or relative to act, this should be respected if possible.

4. Acting as an appropriate adult

4.1 Circumstances when you cannot act

If any of the following apply, you cannot act as an appropriate adult:

  1. You are a witness, victim, suspect or otherwise involved in the investigation; or
  2. The person has already admitted their guilt to you.

There are other circumstances when an individual is not permitted to act as an appropriate adult, but these are not likely to apply.

4.2 Appropriate adult guidance

There is guidance available on the National Appropriate Adult Network website that explains in greater detail what is expected of you, the rights and entitlements of the person, and what you should expect of the police:

Being an independent adult: An independent guide

A quick guide for appropriate adults

Video: Being an appropriate adult

Note: Although not a legal requirement, it is highly recommended that anyone acting as an appropriate adult in a professional capacity receives full training prior to doing so.