Children and vulnerable suspects: appropriate adult

Code C's juvenile safeguards apply to a suspect under 18, including a confident 17-year-old. A person appearing under 18 must be treated that way unless clear evidence establishes otherwise. A vulnerable suspectGlossary termVulnerable suspect is identified through the Code's functional criteria concerning understanding, communication and reliability in the context of a mental health condition or mental disorder. If there is any reason to suspect vulnerability, treat the person as vulnerable unless clear evidence dispels it; make reasonable enquiries and record the assessment. A formal diagnosis is not a prerequisite. Authority: Code C, paragraphs 1.4–1.5, 1.13(d) and Notes 1G–1GC.

Relevant indicators include difficulty understanding arrest, detention, voluntary interview or rights; difficulty comprehending questions or the significance of answers; confusion; and a tendency to provide misleading, unreliable or self-incriminating information without appreciating its effect. Intoxication alone is not automatically vulnerability under this definition. It can nevertheless make interview unsafe or unreliable, and may coexist with a condition requiring an appropriate adult. Do not use the distinction to avoid healthcare or reassessment. Authority: Code C, paragraph 1.13(d), Note 1GC, paragraph 12.3 and Annex G.

The appropriate adultGlossary termAppropriate adult is a person who safeguards the suspect's rights, entitlements and welfare and supports effective participation. Code C provides a hierarchy, not a licence to choose whoever is easiest to contact:

A person involved in the investigation, a victim, witness or suspect, or someone who has received prior admissions may be unsuitable. The Code excludes the relevant police-connected personnel; a solicitor acting professionally cannot simultaneously be the appropriate adult. A child's express, specific objection to an estranged parent must be considered when choosing a suitable alternative. A parent's availability therefore does not settle suitability. Authority: Code C, paragraph 1.7 and Notes 1B–1F.

The adult should support, advise and assist, observe whether police act properly and fairly, help communication and help the suspect understand and exercise rights. In interview they are not a passive witness, but must not answer for the suspect or supply scripted replies. They are not a substitute solicitor and their conversations are not automatically privileged. The suspect may speak privately to the solicitor without the adult present. The adult can request legal advice in the suspect's best interests, although the suspect cannot be forced to consult a solicitor against an adamant refusal. Authority: Code C, paragraphs 1.7A, 3.15, 6.5A and 11.17 and Note 1F.

Rights and detention grounds explained before the adult arrives must be repeated or explained in the adult's presence as required. A caution given in their absence must be repeated when they attend. The adult is ordinarily required for interviewing and a written statement under caution, and for a special warning; specified searches, samples and identification procedures carry their own additional attendance requirements. An available appropriate adult should be offered the opportunity to make representations at a detention review. Authority: Code C, paragraphs 3.17, 10.11–10.12, 11.15 and 15.3; Code D, paragraphs 2.12 and 2.14–2.15.

An appropriate adult's presence and legally effective consent are different questions. For example, where PACE Part V requires a juvenile's appropriate consent, a 14–17-year-old's own consent and that of a parent or guardian are required; below 14 it is parental or guardian consent. A social worker acting as appropriate adult is not automatically the person entitled to supply parental consent. The Code makes specific provision for children in care. For a vulnerable adult, ensure the required appropriate-adult safeguard when consent is sought; do not assume that a relative can simply sign away an adult's rights. Authority: Code D, paragraph 2.12 and Note 2A.

An urgent interview without the required adult is exceptional. A superintendent or above must consider that delay would create one of the specified Code C paragraph 11.1 risks, be satisfied that the interview would not significantly harm the person's physical or mental state, and restrict questions to what is necessary to avert the risk. Stop once sufficient information has been obtained; record the grounds. Ordinary investigative convenience, an approaching deadline, the child's confidence or a wish to waive the safeguard is not this exception. Authority: Code C, paragraphs 11.15 and 11.18–11.20.