The appropriate adult (Code C)

1.7 ‘The appropriate adult’ means, in the case of a:

(a) juvenile:

(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 (see Note 1B);

(ii) a social worker of a local authority (see Note 1C);

(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,

whether or not they are on duty at the time.

See Note 1F.

(b) person who is vulnerable (see paragraph 1.4 and Note 1D):

(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;

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 (b)(ii) above.

See Note 1F.

1.7 A The role of the appropriate adult is to safeguard the rights, entitlements and welfare of juveniles and vulnerable persons (see paragraphs 1.4 and 1.5) to whom the provisions of this and any other Code of Practice apply. For this reason, 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 (see paragraphs 10.5 and 10.6);

help them to understand their rights and ensure that those rights are protected and respected (see paragraphs 3.15, 3.17, 6.5A and 11.17).

3.15 If the detainee is a juvenile or a vulnerable person, the custody officer must, as soon as practicable, ensure that:

the detainee is informed of the decision that an appropriate adult is required and the reason for that decision (see paragraph 3.5(c)(ii) and;

the detainee is advised:

of the duties of the appropriate adult as described in paragraph 1.7A; and

that they can consult privately with the appropriate adult at any time.

the appropriate adult, who in the case of a juvenile may or may not be a person responsible for their welfare, as in paragraph 3.13, 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 secured.

3.17 If the appropriate adult is:

already at the police station, the provisions of paragraphs 3.1 to 3.5 must be complied with in the appropriate adult’s presence;

not at the station when these provisions are complied with, they must be complied with again in the presence of the appropriate adult when they arrive,

and a copy of the notice given to the detainee in accordance with paragraph 3.2, shall also be given to the appropriate adult.

11.15 A juvenile or vulnerable person must not be interviewed regarding their involvement or suspected involvement in a criminal offence or offences, or asked to provide or sign a written statement under caution or record of interview, in the absence of the appropriate adult unless paragraphs 11.1 or 11.18 to 11.20 apply. See Note 11C.

11.17 If an appropriate adult is present at an interview, they shall be informed:

that they are not expected to act simply as an observer; and

that the purpose of their presence is to:

advise the person being interviewed;

observe whether the interview is being conducted properly and fairly; and

facilitate communication with the person being interviewed. See paragraph 1.7A.