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About appropriate adults

The role of the appropriate adult is to safeguard the interests, rights, entitlements and welfare of children and vulnerable people who are suspected of a criminal offence, ensuring that they are treated in a fair and just manner, and are able to participate effectively.

Video summaries

About AAs

Watch this short video to find out:

  • What is the role of an appropriate adult?
  • Why was the appropriate adult role created?
  • What can appropriate adults do?
  • How long do appropriate adults spend in custody?
  • Are appropriate adults really necessary?

Use the chapter function to skip to any question.

Being an AA

This video was developed to inform people who have been asked to be an appropriate adult for someone they know. Use the chapter function to skip to any part.

'Being an AA' was created by Dr Miranda Bevan (London School of Economics / Economic and Social Research Council) and the National Appropriate Adult Network. For more see our information for family and other supporters.  

Why do appropriate adults exist?

Public concern over the Maxwell Confait murder case in 1972 led Parliament, via a Royal Commission, to pass the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice.

PACE set out the rules and safeguards for policing in England and Wales including role of the appropriate adult (AA).

The principal intention of the AA safeguard was to reduce the risk of miscarriages of justice as a result of evidence being obtained from vulnerable suspects which, by virtue of their vulnerability, led to unsafe and unjust convictions.

Where the suspect is a child or vulnerable person, PACE requires the presence of an AA for many procedures.

Police & Criminal Evidence Act 1984

Code C 1.7

The role of the appropriate adult is "to safeguard the rights, entitlements and welfare of juveniles and vulnerable persons to whom the provisions of this and any other Code of Practice apply”.

Crime & Disorder Act 1998

Section 38(4)

The role of the appropriate adult is "to safeguard the interests of children and young persons detained or questioned by police officers”.

What difference do appropriate adults make?

Outcomes for children and vulnerable people

The main outcomes for children and vulnerable people are that they are:

  • treated fairly with respect for their rights and entitlements
  • able to participate effectively in procedures related to the investigation and/or their detention.

In addition, research with people who have been supported by appropriate adults has indicated benefits to mental health, emotional wellbeing, personal dignity and freedom from abuse. For example, research by Bristol University found that service users felt supported emotionally, and more protected against mockery, intimidation, fear, dehumanising, bullying and isolation. People appreciated the support for reasons other than those defined in PACE (identifying other personal factors such as gender or ethnicity as important in generating vulnerability).

Moreover, the positive impact of such support systems extends into the realm of physical health, particularly in terms of managing stress-related conditions. Just as generic Cialis provides an affordable option for individuals seeking treatment for specific health issues, emotional and social support can play a critical role in overall wellness. This parallel highlights the importance of a holistic approach to health, considering both mental and physical aspects. In this context, making generic medications like Cialis more accessible can be seen as a vital step towards comprehensive health care, ensuring that individuals are supported in every aspect of their well-being.

Outcomes for the justice system

From a wider justice system perspective, the AA safeguard means greater integrity, including a better quality of evidence. This reduces both the risk of evidence being excluded at trial and the risk of miscarriages of justice. It is not in the interests of justice for guilty people not to be held account, or for innocent people to be punished.

What can appropriate adults do?

Many police processes cannot take place without an appropriate adult. Appropriate adults are expected to be an active participant. In order to be effective, they need to be assertive, speak up and intervene - not simply be a passive observer. 

PACE Code C 1.7A states that the appropriate adult is expected, amongst other things, to:

  • support, advise and assist them when, in accordance with this Code or any other Code of Practice, they are given or asked to provide information or participate in any procedure;
  • observe whether the police are acting properly and fairly to respect their rights and entitlements, and inform an officer of the rank of inspector or above if they consider that they are not;
  • assist them to communicate with the police whilst respecting their right to say nothing unless they want to as set out in the terms of the caution;
  • help them to understand their rights and ensure that those rights are protected and respected."

Click an action to find out more.

1. Advise, support and assist

In relation to information and procedures, AAs have a role in helping children and vulnerable people to:

  • understand their rights;
  • use their rights;
  • participate effectively.

This involves: 

  • checking whether a person understands the meaning and significance of information provided to them;
  • checking whether a person understands the meaning and significance of questions asked of them, and their own replies, including when they are asked to give their consent to procedures;
  • helping a person to understand the meaning and significance of information and questions; 
  • providing general, non-legal, advice about custody procedures and their rights, including on the scope and limit of the AA role vs accessing legal advice.

Importantly, AAs may not give legal advice. This is the role of the solicitor or police station legal representative. However, the AA can require a solicitor to attend, even if a person has waived their right to legal representation. 

2. Observe and inform

AAs have a role in:

  • ensuring police are treating a person in compliance with their rights and entitlements;
  • observing whether a person’s condition/state has deteriorated or otherwise changed;
  • escalting issues that have not been resolved by investigating officers, detention officers or custody sergeant to higher ranked officers;
  • ensuring any issues are recorded on the interview and/or custody record so that this information is available to courts.
3. Assist communication

AAs have a role in helping people to understand, and be understood, when they are detained or questioned. This includes helping them to maintain their right to silence if that's what they want to do.

AAs may not:

  • assist the interviewer in getting information or confessions that the person does not wish to give. The AA role was developed as a safeguard in response to concerns about false confessions. If the AA acts as an 'agent of the interrogation', they are not acting as independent of the police and courts are likely to question the reliability of evidence gained.
  • be able to meet very significant speech, language and communication needs. In some cases it may be neccessary to appoint a qualified professional (e.g. an intermediary) to conduct a formal assessment and potentially provide additional support with communication. 
4. Protect rights

AAs have a role in:

  • checking that people understand their rights, entitlements and the caution, including by asking them questions to test understanding;
  • asking police officers to provide further explanation where required;
  • providing information or explanations about rights, entitlements and the caution;
  • talking to people who waive their right to free legal advice about any misconceptions they may have;
  • requiring a solicitor to attend where they believe it to be in the best interests of a vulnerable suspect; 
  • intervening in interviews to protect rights;
  • making representations in relation to rights, such as during reviews of detention; 
  • engaging with police, lawyers and medical professionals in the interests of protecting a person's rights.

Who do appropriate adults support?

Appropriate adults support suspects who are detained and/or interviewed by police under PACE. The police custody sergeant is responsible for identifying people who require an AA. These fall into two categories, described below. Once the need has been identified, many police processes can not take place without an appropriate adult. 

Children

This includes anyone who appears to be under 18.

At NAAN we use the term 'children' for people aged under 18. PACE uses the term 'juvenile'. Other areas of law refer to 'children and young people'. However, since 2013 when 17 year olds were finally recognised as juveniles, these have all meant the same thing. 

The minimum age of criminal responsbility in England and Wales is 10 years old (one of the lowest in the world). 

Vulnerable people

The definition of vulnerability in PACE was changed in July 2018. 

Put simply, a person is now vulnerable if a police officer has any reason to suspect the person may:

  • have difficulty understanding the full implications or communicating effectively about anything to do with their detention; or
  • have difficulty understanding the significance or things they are told, questions, or their own answers; or
  • may be prone to confusion, suggestibility, or compliance
  • may be prone to providing unintentionally unreliable, misleading or self-incriminating information.

Relevant conditions include (but are not limited to):

  • mental illness
  • learning disabilities
  • autism
  • brain injury.

The requirement for an AA still applies if: 

  • there is no formal medical diagnosis or opinion from a heathcare professional
  • it is a minor offence
  • it is a terrorism offence
  • there is a legal advisor present
  • there is no organised AA scheme in the area
  • the person says they do not want an appropriate adult

The requirement for an AA does not apply if there is "clear evidence to dispel" the police officer's reason to suspect. 

Are appropriate adults required for 'voluntary interviews'?

The simple answer is yes.

Some people can find it frustrating to be told they need an appropriate adult. It can make people feel like they are being told there is something wrong with them, or that they are child-like in some way. So it is important that the requirement on police to involve an AA is clearly and correctly explained. 

Unlike legal advice, the AA is not one of our 'rights' if we are suspected of a crime and we are a child or a vulnerable person. Instead, it is a 'procedural safeguard' that is imposed on police when dealing with any child or person about whom there reason to suspect they may be vulnerable (as defined by PACE Code C 1.13(d) in the video above). This means that, unlike rights such as legal advice, it cannot be waived by either children or vulnerable adults. It does not matter whether the person has 'capacity' to make decisions for themselves. They are not being asked to make a decision. Although this can feel difficult for the AA's relationship, and contrary to the idea of individual empowerment, it is a legal requirement and is intended to protect people. 

Police & Criminal Evidence Act 1984

Code C 1.7
  • the police custody officer or custody staff  shall determine whether the detainee is a juvenile and/or vulnerable and therefore requires an appropriate adult (paragraphs 3.5); and
  • if so they must, as soon as practicable, ensure that the appropriate adult is informed of the grounds for their detention; their whereabouts; and the attendance of the appropriate adult at the police station to see the detainee is secure (paragraph 3.15). 

Do the police have to involve an appropriate adult?

Police interviews

Police increasingly deal with people they suspect of a criminal offence via a 'voluntary interview' under caution, rather than in police custody.

This means they are not under arrest when interviewed and they do not have to attend. Otherwise, the same rules and safeguards apply - appropriate adults are required for voluntary interviews of children and vulnerable adults who are suspected of an offence.

The police can use any evidence they get from the interview in the same way as they would if the interview was in custody. 

Find out more about the benefits and risks of police voluntary interviews.

Non-police interviews

If you have been invited to an interview under caution by a non-police interviewer things are a little more confusing.

They still have to follow PACE Code C, so the need for an AA and the right to legal advice still apply. But if they don't have their own legal power of arrest then you have to arrange (and pay for) your own solicitor.

And because there is no legal duty on anyone to provide an appropriate adult for these interviews, most AA schemes do not cover them. If you have been invited to interview and do not have someone who you'd like to be your AA, you should make them aware of any reason to suspect you may be vulnerable, and ask them what provision they will make for an appropriate adult. 

Other investigative bodies that follow PACE Code C:

  • Health and Safety Executive (HSE)
  • Environment Agency
  • Trading Standards
  • Care Quality Comission (CQC)
  • NHS counter-fraud
  • Local Authorities
  • His Majesty's Revenue and Customs (HMRC)
  • Department for Work and Pensions (DWP)

Do appropriate adults support children and vulnerable adults in court?

The appropriate adult role, as defined by the Police and Criminal Evidence (PACE) Act 1984, does not continue on into the court stage.

This applies even if a 'virtual court' is used while the person is still in the police station. 

However, there are some circumstances in which children and vulnerable adults can have support in a court. These are covered in the Criminal Practice Directions and highlighted here.

Welfare responsibilities

The police must notify the court that "any required appropriate adult has been notified and is available" (Criminal Practice Directions II paragraph 7A.5(a)(iv)).  

Confusingly, this doesn't mean the same thing as "appropriate adult" under PACE. It means a person with ongoing welfare responsibilities towards the defendant such as their parent, relative or social worker. They may have been the AA during the police investigation but there is no requirement for it to be the same person. 

This does not apply to an appropriate adult provided by an organised AA scheme or any other independent AAs whose attendance at the police station was arranged in the absence of any parent, relative or social worker. In the courts' view, no such person in that category is likely to be required by the court in the way that a parent, relative or social worker, etc. may be required.

Intermediary

Defendants with a high level of communication needs may be provided with a communications specialist known as an 'intermediary'.

However, it is up to the court to decide whether one is needed. There is no presumption that they'll get one. Even even where they think an intermediary would improve the trial process, they don't have to appoint one. The appointment of intermediary happens 'rarely' (Criminal Practice Directions, paragraph 3F.12).

The intermediary provides an independent, professional assessment and clear recommendations to the court. They may be provided for part of the trial or all of it.

The intermediary role is not the same as an AA. They are impartial (they are not 'on the person's side'). They provide specialist professional communication support only. They do not provide advice or welfare support. 

Providers of intermediaries include: CommunicourtIntermediaries for JusticeTriangle.

Appropriate companion

While courts will only rarely appoint an intermediary, they do have another option if the person needs more help to follow the proceedings than their legal representatives can give. 

According to the Criminal Practice Directions, paragraph 3F.12,the court should consider "sympathetically" any application for the defendant to be accompanied throughout the trial by a "support worker or other appropriate companion".   

There are no guidelines for this role. It is not the same as either an appropriate adult under PACE, or an intermediary. 

Do appropriate adults support vulnerable victims or witnesses?

No, it is not the role of the appropriate adult to support victims or witnesses.

This does not mean there is no support for them.

There are different services for victims and witnesses. 

Do appropriate adults support children in age assessments?

Local authority age asessment interviews (of unaccompanied asylum-seeking children) require an 'appropriate adult' to be present.

However, these interviews are part of the immigration system, not the the criminal justice system. 

The role of an appropriate adult is not the same and NAAN does not provide guidance for the AA role in age assessments. 

Who can act as an appropriate adult?

The appropriate adult role is filled by many different types of people, including: 

  • parents or other family members
  • friends or carers
  • social workers
  • charity workers
  • specialist appropriate adults (either paid or voluntary). 

Some people are not allowed to be an appropriate adult: 

  • anyone under the age of 18
  • people connected to the police (see panels) unless they are the individual responsible for the person's care or custody

Some people are not allowed to be an appropriate adult in certain circumstances: 

  • anyone who might be a suspect, victim, witness or otherwise involved in the investigation
  • solicitors and independent custody visitors who are at the police station in those capacities
  • anyone who has received an admission of guilt prior to attending 
  • a parent who is estranged from a child (if the child does not want them).
  • the principal of a child's educational establishment (unless waiting would cause unreasonable delay and the offence is not against that establishment)
  • a person suspected of involvement in the commission, preparation or instigation of terrorism (only if the person is being held under terrorism laws.)
  • a person may not sit as a Magistrate in the same local justice area in which they act as an appropriate adult
  • people who have any other conflict of interest.

Who the police have to ask to be the appropriate adult first is different for children and vulnerable adults. They have to follow the rules in PACE Code C 1.7.

Local authorities have a legal duty to ensure provision of an appropriate adult for a child, when requested by police. 

There is currently no legal duty to ensure provision of an appropriate adult for a vulnerable person. This something that NAAN is working to change. 

For children

PACE Code C 1.7(a)

(i) the parent, guardian or, if the juvenile is in the care of a local authority or voluntary organisation, a person representing that authority or organisation;

(ii) a social worker of a local authority; 

(iii) failing these, some other responsible adult aged 18 or over who is not:

  • a police officer;
  • employed by the police;
  • under the direction or control of the chief officer of a police force; or
  • a person who provides services under contractual arrangements (but without being employed by the chief officer of a police force), to assist that force in relation to the discharge of its chief officer’s functions,

For vulnerable people

PACE Code C 1.7(b)

(i) a relative, guardian or other person responsible for their care or custody;

(ii) someone experienced in dealing with vulnerable persons but who is not:

  • a police officer;
  • employed by the police;
  • under the direction or control of the chief officer of a police force; or
  • a person who provides services under contractual arrangements (but without being employed by the chief officer of a police force), to assist that force in relation to the discharge of its chief officer’s functions,

whether or not they are on duty at the time;

(iii) failing these, some other responsible adult aged 18 or over who is other than a person described in the bullet points in sub-paragraph (ii) above.

How do I become an appropriate adult?

Appropriate adults are organised at a local level. Recruitment is carried out by local AA schemes.

NAAN does not recruit appropriate adults.

However, as the national membership charity for local AA schemes (and anyone else interested in appropriate adults) we offer information about the role and can help you find a local scheme.

To find out more

Visit our becoming an AA section.