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When
someone is arrested by the police and taken to a police station,
they have three basic rights:
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1. The right to free and
independent legal advice
2. The right to have someone informed of their arrest
3. The right to consult the Codes Of
Practice (concerning police powers and
procedures) |
They will
also be given a written notice informing them of their Rights and
Entitlements whilst in
custody.
The custody officer
(usually a police sergeant) who is responsible for all detained
people must make sure that interviews and other procedures are
conducted as soon as possible and in the proper manner. They also
have a responsibility to identify vulnerable people. Those
considered vulnerable are anyone who appears (to the custody
officer) to be under the age of 17, people with mental health
difficulties, people with a learning disability and those who have
trouble communicating and understanding things.
Having identified a young
person or a vulnerable adult the custody officer has a
duty to request the attendance of a responsible adult, who is known
as an Appropriate Adult.
The role of the
Appropriate Adult is to support and advise a young person or
vulnerable adult in police custody and to facilitate communication
between them and the police.This person is different to a solicitor
and does not give legal advice. An Appropriate Adult can be a
family member, friend or a volunteer or social/health care
professional.
The role was created in
the Police and Criminal Evidence Act (PACE) 1984, with the
intention of further safeguarding the rights and welfare of young
people and vulnerable adults in custody. The rights and
responsibilities of an Appropriate Adult are detailed in the PACE
Codes of Practice which are updated regularly, and can be
downloaded by following the link above.
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