Acting as 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.

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.

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.