Advising clients at the police station - Role of the appropr...

Learning Outcomes

This article explains the role and legal significance of the appropriate adult at the police station under PACE Codes C and D, including key SQE1 exam issues such as:

• Criteria for determining when an appropriate adult is mandatory, covering juveniles (under 18), mentally vulnerable adults, and borderline cases.
• Statutory and Code C/D obligations on custody officers, investigators, and defence solicitors when dealing with youth and vulnerable suspects.
• Eligibility rules and specific exclusions for who may act as an appropriate adult, with emphasis on conflicts of interest and independence.
• Core functions, responsibilities, and limits of the appropriate adult during interviews, identification procedures, and the explanation of rights and entitlements.
• Procedural steps for identifying vulnerability, selecting an appropriate adult, and ensuring their involvement at each relevant stage in custody.
• Evidential and procedural consequences of non-compliance with appropriate adult safeguards, including arguments for exclusion under ss 76 and 78 PACE.
• Practical, ethical, and exam-focused considerations for solicitors, integrating professional conduct rules with effective police station advice and advocacy.

SQE1 Syllabus

For SQE1, you are required to understand the role and legal framework governing appropriate adults under the Police and Criminal Evidence Act 1984 (PACE), with a focus on the following syllabus points:

• Application of PACE 1984 and Code C in the initial investigation and detention of vulnerable suspects.
• Determining the rights and procedural safeguards for juveniles and those with mental vulnerabilities.
• Procedures surrounding police interviewing, identification, and the taking of samples from vulnerable suspects.
• The professional conduct duties placed on solicitors and the interface with the role of the appropriate adult.
• Consequences of non-compliance with evidential and procedural rules relevant to vulnerable suspects.
• Discretionary and mandatory exclusion of evidence, especially regarding confessions and identification, including the operation of ss. 76 and 78 PACE.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Under PACE Code C, which of the following individuals automatically requires an appropriate adult when detained or interviewed?
   1. A 19-year-old student with no prior convictions.
   2. A 17-year-old arrested for shoplifting.
   3. An adult suspect who appears intoxicated but is coherent.
   4. An adult suspect who refuses legal advice.
2. Which of the following individuals CANNOT act as an appropriate adult for a 16-year-old suspect?
   1. The suspect's parent.
   2. A social worker assigned to the suspect.
   3. The solicitor representing the suspect.
   4. A responsible neighbour aged 25, known to the family.
3. What is the primary function of an appropriate adult during a police interview?
   1. To provide legal advice to the suspect.
   2. To assist communication and ensure the suspect understands their rights and the process.
   3. To decide whether the suspect should answer questions.
   4. To negotiate bail conditions with the custody officer.

4. True or False: If a juvenile suspect objects to their parent acting as the appropriate adult, the police must always find an alternative appropriate adult.

Introduction

When advising clients at the police station, it is essential to understand the additional legal protections provided to vulnerable suspects under the Police and Criminal Evidence Act 1984 (PACE) and its associated Codes, especially Code C. The core mechanism for enforcing these protections is the involvement of an appropriate adult. This individual stands as an independent safeguard, ensuring that juveniles and those mentally vulnerable are not disadvantaged by the criminal investigation process, that their comprehension and welfare are assessed, and that legal proceedings are fair and reliable. The presence of an appropriate adult can decisively affect the admissibility of evidence and the overall integrity of the proceedings.

Vulnerable Suspects Requiring an Appropriate Adult

PACE Code C requires that special safeguards be applied for vulnerable suspects—specifically, any juvenile under 18, and adults who are, or appear to be, mentally vulnerable or mentally disordered.

Juveniles

A juvenile is defined as any person under 18 years of age. For the purposes of police interviews, identification procedures, or the taking of intimate samples, it is a mandatory requirement that an appropriate adult is in attendance. The policy rationale is to ensure the juvenile is supported and not disadvantaged by the processes owing to their age or lack of maturity.

Key Term: Juvenile
A person under the age of 18. PACE requires specific safeguards, including the presence of an appropriate adult, for juveniles in police detention.

The relevant duty starts as early as the initial risk assessment and continues through all interactions with police, including during any attempts to obtain a confession or identification evidence. Girls under the age of 18 must, when in police custody, be placed under the care of a woman, under Code C, para 3.20A.

Mentally Vulnerable Persons

PACE Code C also provides that an adult (aged 18 or over) will require an appropriate adult if they are, or appear to be, suffering from a mental disorder, mental vulnerability, or communication disorder affecting their capacity to understand or participate effectively in the process.

Key Term: Mentally Vulnerable
Defined in PACE Code C (notably Note 1G) as a person who, due to any mental health condition, disorder, learning difficulty, or due to other circumstances, may not understand the significance of what is said, of questions asked, or of their own responses.

Such vulnerability may be indicated by the suspect’s behaviour, history of mental health issues, information from their family or carers, apparent confusion, or a cognitive impairment. The threshold is relatively low: Code C, para 1.4 provides that if there is any doubt, the suspect is to be afforded the safeguards of a vulnerable person. This ensures that the risk of procedural disadvantage—and subsequent evidential challenge—is mitigated as soon as is reasonably practicable. Both youth and adult suspects may present with overlapping vulnerabilities.

Custody officers are responsible for promptly identifying such vulnerabilities and must ensure a risk assessment is undertaken upon arrival. Where any vulnerability is suspected, it is not discretionary: an appropriate adult must be summoned prior to commencing any significant police procedure.

Additional Special Categories

Other groups also protected by the Code include suspects who are blind, unable to speak or hear, or who do not understand English. In these cases, an interpreter (as well as, where appropriate, an appropriate adult) must be provided to ensure effective communication and the integrity of the process.

Capacity to be Interviewed

It is a requirement that, for both juveniles and mentally vulnerable suspects, a police interview should not be conducted if the suspect is deemed unfit—i.e., unable to understand questions or to provide rational answers due to their condition (Code C para 11.18(b)). Safeguards are particularly stringent for these categories due to the increased risk of unreliable evidence.

Who Can Act as an Appropriate Adult?

The identity and selection of an appropriate adult is governed by a strict hierarchy and set of restrictions under PACE Code C, Annex E, and para 1.7.

For Juveniles

The preferred hierarchy is:

• Parent, guardian, or if the suspect is in local authority care, a representative of the authority responsible for the juvenile’s welfare (Children and Young Persons Act 1933, s 34(8));
• A social worker from the local authority;
• If neither are available or suitable, any other responsible adult aged 18 or over, who is not a police officer or employed by the police.

It is important to note that if a juvenile, in the presence of a parent or guardian, objects specifically and reasonably to their presence (e.g., due to estrangement or allegation of their being a victim or witness), an alternative must be considered.

For Mentally Vulnerable Adults

The order is:

• A relative, guardian, or person responsible for their care;
• If none are available, a person experienced in dealing with mentally vulnerable persons (e.g., a mental health professional), so long as they are independent of the police;
• If neither is available, another responsible adult aged 18 or over, independent of the police.

Exclusions

Certain individuals are specifically excluded from acting as an appropriate adult. These include:

• Police officers or employees of police forces,
• The suspect’s lawyer/solicitor acting in a legal capacity for that suspect,
• Any person involved in the investigation, including victims and prosecution witnesses,
• Any person suspected of involvement in the offence under investigation,
• Any person to whom the suspect has already made an admission prior to being asked to act as appropriate adult,
• An estranged parent, if the juvenile specifically and reasonably objects.

The role is intended to provide independence and objectivity, guarding against conflicts of interest and the possibility of contamination of evidence.

Worked Example 1.1

David, aged 16, is arrested for assault. His mother attends the police station but admits she witnessed the alleged assault. The police also contact David's older brother, aged 19, who lives nearby. David objects strongly to his brother being present.

Answer:
David's mother cannot act as appropriate adult as she is a witness to the alleged offence. David's objection to his brother should be considered—if it is specific and well-founded, the police should look to contact a social worker or another responsible adult (not otherwise connected with the case or police). The appropriate adult must be independent, and a parent or relative must not be used where there is a significant conflict or the suspect, for genuine reasons, objects. Unless another responsible adult is suggested by David, the next step should be the local authority or an appropriate adult from an approved scheme.

Role and Responsibilities of the Appropriate Adult

An appropriate adult must actively safeguard the suspect, not simply observe proceedings. Their core duties are drawn from Code C (para 11.17, Annex E 6A.1) and are designed to ensure fairness and transparency.

Key Responsibilities:

• To advise and support the juvenile or vulnerable person during police procedures and to assist them to exercise their rights, including explaining rights to the suspect and ensuring they are understood.
• To observe the propriety and fairness of any police questioning or procedure.
• To intervene or raise concerns with the police if they consider that the suspect is not being treated properly or there is a risk of unfairness, including challenging improper or oppressive questioning and protecting the suspect from leading or confusing questions.
• To assist communication, helping the suspect to understand questions, caution, and the significance of their answers, and to understand procedures such as searches, sample taking, or participation in identification parades.
• To ensure that the suspect, particularly if mentally vulnerable, is fit for interview and participates only when able to provide meaningful input; this may include advocating for breaks, medical attention, or further legal advice.
• To ensure the suspect is aware of the right to consult a solicitor privately at any stage (with or without the appropriate adult present) and to encourage them to exercise this right if appropriate.
• To explain the function of any legal forms or paperwork being presented to the suspect (such as consent to a search, or the significance of a prepared statement), ensuring the suspect truly understands before signing.
• To be present during all procedures for which their attendance is mandatory, including interviews, taking of samples, identification procedures, and the review of rights and entitlements.
• To maintain an active presence throughout, and to keep under review whether continued participation is appropriate in light of any deterioration in the suspect's understanding or welfare needs.

Key Term: Appropriate Adult
An independent person present during the police investigation of a juvenile or mentally vulnerable suspect, responsible for supporting them, assisting communication, ensuring their rights are respected, and intervening to prevent unfairness.

Limitations

• Appropriate adults cannot give legal advice—this is the exclusive role of the solicitor. They must not comment on the legal merits of cooperation or admission.
• They must not obstruct the investigation, nor advise suspects as to whether to answer questions.
• They may be excluded from the interview if their conduct unreasonably interferes with the process (Code C para 11.17A) but only as a last resort.

Worked Example 1.2

A 17-year-old, Chloe, is being interviewed regarding a theft. Her father is acting as the appropriate adult. During the interview, the police officer asks complex questions rapidly. Chloe appears confused and distressed.

Answer:
Chloe's father should intervene to ask for the officer to slow down, simplify the questions, or request a break so Chloe can recover and possibly revisit her legal advice with the solicitor. His function is to ensure Chloe understands the questions and to advocate for her welfare. If he fails to support Chloe, the effectiveness of his presence can be challenged and, in extreme circumstances, another appropriate adult may be required.

Procedural Safeguards

When a vulnerable suspect is about to be interviewed:

• The interviewing officer must inform the appropriate adult that they are there to advise, assist communication, and observe the conduct of the interview (Code C para 11.17).
• Questions must not proceed unless an appropriate adult is present (except in urgent cases—e.g., to prevent harm or loss of evidence, or where an appropriate adult cannot be found despite reasonable efforts).
• If the suspect is cautioned or asked to sign a written statement or interview record before the appropriate adult's arrival, this must be repeated in their presence when they arrive (Code C para 10.12).
• If the police wish to conduct an identification procedure or obtain certain forensic samples, the appropriate adult must be in attendance throughout.

The appropriate adult must be given the opportunity to consult privately with the solicitor and the suspect before interview and at reasonable points during detention. This ensures legal advice and support remain discrete and protected.

Rights to Presence and Exclusion

A suspect must never be left at a disadvantage due to the absence of an appropriate adult. If an appropriate adult is unavailable, procedures must not proceed until one is secured, except where Code C allows interview to begin in urgent cases (e.g., risk of harm, loss or destruction of evidence, risk of alerting other suspects). The decision to proceed without an appropriate adult in urgent cases must be justified and securely recorded.

Code C provides a limited mechanism for excluding an appropriate adult who is observed to unreasonably obstruct questioning or otherwise prevent effective interview (para 11.17A and Note 11F). If excluded, a replacement appropriate adult must be sought before resumption, unless the urgency exception applies.

Worked Example 1.3

A 15-year-old is arrested and his mother, who is available, is also the victim of the alleged assault. The police are unable to reach another family member and no social worker is immediately available.

Answer:
The mother, as a victim, is excluded from acting as appropriate adult. The police must not proceed with interview, sample-taking, or identification procedure unless a different appropriate adult attends—ideally a social worker, or if not possible, a suitable responsible adult independent of the police. Urgent interview exceptions do not apply unless there's risk of serious harm or loss of evidence.

Consequences of PACE Breaches Regarding Appropriate Adults

Significant legal consequences follow breach of the appropriate adult provisions in PACE.

Exclusion of Evidence

Evidence obtained in a police interview or identification procedure without the required presence of an appropriate adult is at risk of being challenged as inadmissible at trial. The main legal avenues are:

• PACE 1984, s 76: Confession evidence may be inadmissible if obtained by oppression or in circumstances likely to render it unreliable—absence of an appropriate adult is a classic factor likely to lead to exclusion.
• PACE 1984, s 78: More broadly, any evidence obtained in circumstances so unfair as to impact the fairness of the trial may be excluded at judicial discretion. A clear and substantial breach of Code C—such as interviewing a vulnerable suspect without an appropriate adult—may be sufficient grounds for exclusion of all evidence obtained as a result.

Courts routinely regard breaches concerning appropriate adults (including proceeding in their absence or using an ineligible person) as severe, especially where evidence central to the prosecution, such as a confession, is derived therefrom. The rationale is to uphold the reliability of evidence and the fairness of proceedings, protected under Article 6 ECHR.

A solicitor's role includes promptly objecting in interview or making contemporaneous representations if procedures are conducted without the appropriate adult, and ensuring the matter is raised in subsequent trial proceedings if necessary.

Grounds for Challenge

A challenge may arise on the following grounds:

• Procedural unfairness and risk of involuntary or unreliable confession (ss 76, 78 PACE).
• Lack of capacity in the suspect to comprehend proceedings or to understand the caution or the legal significance of their admissions (expert testimony may be used to support).
• Failure to comply with requirements for the selection of an eligible and independent appropriate adult.
• Use of the inappropriate (e.g., conflicted, involved, or police-associated) adult or proceeding with urgency but without proper cause.

Worked Example 1.4

Police interview Michael, a 25-year-old with diagnosed learning difficulties making him mentally vulnerable, without an appropriate adult. Michael confesses during the interview. His solicitor later challenges the confession's admissibility.

Answer:
The confession is liable to be excluded under PACE 1984, s 76(2)(b) on the basis that the absence of an appropriate adult contributed to unreliability, and also under s 78 PACE for undermining fairness. The lack of support is likely to be considered a significant procedural breach—Michael may not have known the significance of what he was saying nor had the benefit of assistance in understanding his rights.

Practical Application

Legal practitioners must always be conscious that any doubt about a suspect's maturity or capacity should lead to safeguarding via the appointment of an appropriate adult as a precautionary measure. Where in doubt, solicitors should actively advocate for this safeguard on behalf of their client.

Specific Risks for Borderline Cases

In "borderline" vulnerability situations, the decision whether to apply the appropriate adult safeguard should be made on the side of caution. A failure to err on the side of protection can have severe evidential consequences, and any ambiguity may be scrutinised during later proceedings.

Sample Case Law and Guidance

The courts, including the Court of Appeal, have repeatedly stated that the involvement of an appropriate adult is a fundamental procedural safeguard. Even technical breaches, if substantial and unremedied, can result in exclusion of evidence. This area of law is closely policed due to the heightened risk of injustice.

Worked Example 1.5

The police wish to interview a 17-year-old who appears mature and asks to be interviewed without an appropriate adult, believing it will be faster.

Answer:
The law does not permit a waiver of the right to have an appropriate adult present (unlike the right to legal advice). The interview cannot proceed until an appropriate adult attends (except in genuine emergencies), regardless of the suspect's apparent maturity or personal preference.

Key Point Checklist

This article has covered the following key knowledge points:

• The role of the appropriate adult is to safeguard the rights and welfare of vulnerable suspects (juveniles and mentally vulnerable adults) in police stations, as established under PACE Code C.
• A juvenile is anyone under 18; 'mentally vulnerable' refers to those whose capability to understand police processes is impaired.
• The selection of an appropriate adult follows a preference hierarchy, with parents or guardians first, followed by social workers, then another responsible adult.
• Persons excluded from acting as appropriate adult include police officers, police employees, solicitors acting for the suspect, victims or witnesses, suspects in the investigation, and any with a conflict of interest.
• The appropriate adult must be present throughout key police procedures, including interviews, identification procedures, and when rights are explained, unless specific exceptions apply.
• Duties of the appropriate adult include supporting and advising the suspect, assisting communication, observing police conduct, and intervening to prevent unfairness, but exclude giving legal advice.
• Proceeding without an appropriate adult where one is required, or using an ineligible person, constitutes a significant breach of PACE Code C.
• Evidence obtained (notably confessions) in breach of appropriate adult requirements may be excluded under ss 76 or 78 PACE.
• The safeguards governing appropriate adults are essential to both procedural fairness and the reliability of evidence, and failures can have significant effects on trial outcomes.

Key Terms and Concepts

• Appropriate Adult
• Juvenile
• Mentally Vulnerable