Vulnerable Adults in Custody: Special Protections

Vulnerable adults in police custody are entitled to special protections under PACE Code C. Understanding these rights is crucial for ensuring fair treatment and proper legal representation.

Who is Considered a Vulnerable Adult?

Under PACE Code C, a vulnerable adult is someone who, because of their mental state or capacity, may not understand the significance of what is said to them or their replies.1 This includes:

  • Adults with mental health conditions
  • Adults with learning disabilities
  • Adults with communication difficulties
  • Adults who may be particularly suggestible
  • Adults under the influence of drugs or alcohol

The Role of an Appropriate Adult

When a vulnerable adult is detained, the police must arrange for an appropriate adult to be present.2 The appropriate adult should:

  • Be present during all interviews
  • Ensure the vulnerable adult understands their rights
  • Facilitate communication between the vulnerable adult and police
  • Observe whether the interview is being conducted properly
  • Advise the vulnerable adult

An appropriate adult cannot be a police officer, police staff, or someone involved in the investigation.3 They should be someone who has the vulnerable adult's welfare at heart.

Mental Health Assessments

If there are concerns about a detainee's mental health, the custody officer must call a healthcare professional.4 This is particularly important for vulnerable adults who may:

  • Be at risk of self-harm
  • Require medication
  • Need a mental health assessment
  • Require transfer to a place of safety under the Mental Health Act 1983

Interview Safeguards

Vulnerable adults have additional protections during police interviews:5

  • An appropriate adult must be present
  • Interviews should be conducted in a way that is appropriate to the vulnerable adult's needs
  • Regular breaks should be taken
  • Questions should be clear and simple
  • The vulnerable adult should be given time to understand and respond

Why Legal Representation is Essential

Vulnerable adults are particularly at risk during police interviews. A solicitor can:

  • Ensure the appropriate adult is present and acting properly
  • Challenge any breaches of PACE Code C
  • Ensure the vulnerable adult's rights are protected
  • Advise on whether the interview should proceed
  • Ensure any evidence obtained is admissible

Get Expert Help Now

If you or someone you know is a vulnerable adult in police custody, it is essential to have expert legal representation. We specialise in representing vulnerable adults and ensuring their rights are fully protected.

Call us 24/7 on 01732 247427 for free legal advice and representation.

References

  1. Police and Criminal Evidence Act 1984, Code C, paragraph 1.13(d)
  2. Police and Criminal Evidence Act 1984, Code C, paragraph 3.15
  3. Police and Criminal Evidence Act 1984, Code C, paragraph 1.7
  4. Police and Criminal Evidence Act 1984, Code C, paragraph 9.5
  5. Police and Criminal Evidence Act 1984, Code C, paragraph 11.15