DrugConcern - Parents and Carers

Drugs Classifications

Misuse of Drugs Act 1971

Police Actions

The "Appropriate Adult"

If a young person is arrested and/or taken for questioning, the Police and Criminal Evidence Act 1984 (known as PACE) states that an impartial adult will be available to safeguard the rights and civil liberties of that young person. The Appropriate Adult's main concern is not the guilt or innocence of the young person but their physical and emotional welfare. It is different to the role of the solicitor whose duty is to give legal information and advice.

An "Appropriate Adult" can be

the young person's parent or guardian;

a youth worker, teacher, social worker or other professional;

another responsible adult aged 18 or over who is not employed by, or an agent of, the police.

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A solicitor who is in attendance at the police station in a professional capacity may not act as an Appropriate Adult.

The parent or guardian of the young person should be the Appropriate Adult unless

They are suspected of involvement in the offence;

They are the victim, a witness or involved in the investigation of an offence;

They are unable or do not wish to attend;

They cannot be contacted.

Parents have the right to refuse to allow their child to be interviewed by the police.

The role of the Appropriate Adult is

to advise the young person;

to see that the interview is carried out properly and fairly;

to make communication with the young person easier.

An Appropriate Adult can be asked to leave at any time but must be replaced by another before questioning can continue.

The responsibilities of the Appropriate Adult are

to ensure that their role is explained and understood by the young person;

to make sure that the young person is given, verbally and in writing, an explanation of their rights whilst the Appropriate Adult is in attendance. This has to be repeated if done before the Appropriate Adult arrives;

to ensure that the young person understands that they have the right to call a solicitor at any stage of their detention and that this can be done with no financial charge. The Appropriate Adult can also call a solicitor for the young person at any time if they believe it is necessary;

to check who the custody officer is. A Custody Officer must be appointed at the time the young person is taken into custody and it is their responsibility to ensure the rights of the young person are honoured. If there are any issues or complaints which are not dealt with satisfactorily by the interviewing officer, the custody officer must be approached;

to ensure that no "informal" or "off the record" statements have been made or taken;

to check the time at which the young person was detained;

to check, and if necessary correct, any interview or custody records and sign them;