What is an Appropriate Adult?

An Appropriate Adult must be a suitable individual aged 18 or over, they must not be connected with the case in question and they must also ensure that the vulnerable individual, for whom they are acting as an Appropriate Adult for, understands what is happening to them and why.

An Appropriate Adult must be a suitable individual aged 18 or over, they must not be connected with the case in question and they must also ensure that the vulnerable individual, for whom they are acting as an Appropriate Adult for, understands what is happening to them and why.

What the LAW states

A Juvenile

Aged 17 & Under

Code C of PACE 1984 states that ‘an 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;

(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,

whether or not they are on duty at the time.

A Vulnerable Adult

Code C of PACE 1984 states that ‘an Appropriate Adult’ means, in the case of a:

(b) person who is vulnerable:

(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.

Who is Vulnerable ?

A person is now VULNERABLE if the police or person interviewing the individual 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
Maybe prone to confusion, suggestibility, or compliance.
Maybe prone to providing unintentionally unreliable, misleading or self-incriminating information.

A child is anyone who appears to be under 18. PACE 1984 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 responsibility in England and Wales is 10 years old, which one of the lowest in the world.