The Use of the ‘Appropriate Adult’ Scheme (A Preliminary Report)

Abstract

Details of a research study, funded by MENCAP, on the use of Appropriate Adults are given. A great deal of attention has been given recently to diverting the mentally disordered from the criminal justice system. This preliminary report discusses what happens to those who stay in the system--i.e. who are kept in police custody and eventually appear at court. Facilities are available under the Appropriate Adult Scheme for offenders seen to be mentally disordered or handicapped to have with them a 'responsible person' when they are interrogated by the police. The questions now posed are: does such a scheme work, and is the offender given protection under it?

Boats against the current: vulnerable adults in police custody

“…There have also been wider studies exploring the effects of the policy of deinstitutionalisation (Wolff, 2005). Studies of the role of the appropriate adult, report on the low numbers of police interviews where an appropriate adult attends (Nemetz & Bean, 1994), the limited role that appropriate adults play in the interview and the range of Boats against the current: vulnerable adults in police custody individuals who take on the role (Medford et al, 2003). The other area that has been examined is the provision of service.…”

The psychiatric nurse and the ‘appropriate adult’

“…One problem that has been identified by a number of writers ( Nemitz & Bean 1994, Laing 1995, and Pearse & Gudjonsson 1996) is the ability of the police to identify people with mental disorder.…”

“…Nemitz & Bean (1994) state that although most police officers feel certain that they can identify people who are suffering from mental illness and/or mental handicap, their research reveals that this is not always the case. Likewise, Pearse & Gudjonsson’s (1996) review of research in this area indicates a gross under use of appropriate adults in relation to the number of individuals with mental health problems and learning disabilities detained at police stations.…”

“…A further problem, according to Nemitz & Bean (1994), is that when people with mental health problems are identified, the decision to seek an appropriate adult is linked to the assessment of fitness to be detained and interviewed. Thus if the FME declares that the individual is ‘fit to be detained’ the use of the appropriate adult is ignored or forgotten.…”

Editorial: People with learning disabilities in the criminal justice system in England and Wales: a challenge to complacency

“…The role of the 'appropriate adult' under PACE is to protect the learning-disabled suspect from the special disadvantages that he/she faces when questioned by the police (Nemitz and Bean, 1994).…”