Obtaining Appropriate Adults for Vulnerable Suspects in Police Custody

• In Event: POL Panel 22. Trust, legitimacy and vulnerability: Exploring law enforcement practices and their impact

Abstract

Code C of the Police and Criminal Evidence Act 1984 establishes that suspects who are vulnerable (juveniles or vulnerable adults) are entitled to the safeguard of an appropriate adult (AA). The role of the AA is to provide support to suspects, ensure they are treated fairly and understand their rights, and to facilitate communication (Code C, para 1.7A). The custody sergeant is normally responsible for determining whether an AA is required and then arranging for an AA to attend the police station (Dehaghani, 2019). While the identification of vulnerability may prove difficult in some circumstances, research has found that AAs are not always obtained, even when a potential vulnerability has been identified (Dehaghani, 2019).

This paper will examine the findings obtained from a multiple case study which explored how vulnerable suspects were detained and interviewed by detectives on homicide investigations in England and Wales. Methods utilised included a review of custody record documentation, analysis of recorded police suspect interviews, and semi-structured interviews with detectives, AAs and legal advisors.

This research identified that detectives were actively involved in deciding upon and obtaining an AA. However, while many detectives appeared cognisant of a range of factors which could result in someone being vulnerable, AAs were not always obtained when required. Furthermore, in some areas, detectives specifically chose the AA they wanted to participate in their suspect interviews, which resulted in a close working relationship between detectives and the AA. The implications for practice will be explored, noting the independence of the AA.

References:
Dehaghani, R. (2019) Vulnerability in Police Custody: Police Decision-making and the Appropriate Adult Safeguard. London: Routledge.

Author

• Jennifer Holmes, University of the West of England, Bristol