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Appropriate Adult (PPACE)
When a child or young person is arrested they have certain rights. It is the role of the appropriate adult to make sure that they receive that to which they are entitled and that their welfare is safeguarded whilst in custody.
It is a requirement of PPACE that children and young people be interviewed with an appropriate adult in attendance.Ideally the appropriate adult should be a member of the child's family or a person chosen by the child. An advocate representing the child cannot be considered to be an appropriate adult.The role of the appropriate adult is to
- aid communication between the police officer and the child/young person, and
- ensure that no oppression is used to gain a statement and no indication is given as to what may or may not happen to the child/young person unless in answer to a direct question from the child/young person.
- The appropriate adult has the power to end the interview if they believe that the young person is not able properly to take part in the process or that oppression or promises are being used to obtain a statement.Appropriate adults provided by the department should ensure that the Police are unable to find a member of the family to attend the interview before attending themselves.If a member of the department is acting as the appropriate adult an advocate should be consulted in all circumstances. Any appropriate adult provided by the department must have a copy of the PPACE Codes of Practice and have been trained by the Youth Justice Service in the role of the appropriate adult.If the referral is received after 4.30 pm or the conclusion of the interview is likely to go on after that time then the procedures should be followed by the Emergency Duty Service and YJS should make a referral to them.The Appropriate Adult will introduce him or herself to the child or young person before the interview. During this introduction the worker will explain their role and confirm that the young person has been told of their right to an advocate.When a young person has been charged, if his or her parents, primary carer or other adult relative were not present at the interview with the police, the appropriate adult must try to contact them within 24 hours or prior to the court hearing, whichever is sooner, to inform them and offer information about the court appearance. The appropriate adult must also remind them that the young person's failure to attend court would be an offence.
Actions
Task | Responsible person | Record | Timescale |
Police refer to YJS duty officer/Admin if they have a young person between the ages of 10-16 in custody and they require an 'appropriate adult' | Police | YJS worker | Immediately |
Check why parents cannot act as 'appropriate adult' and, in a case where the duty workerthinks that the parents could act then attempt to contact the parents | Duty worker | PPACE monitoring formAppropriate Adult monitoring forms | Immediately |
Attend police station | Appropriate adult | PPACE monitoring form | Within 1 hour of referral |
Liaise with the on call manager where problems arise, if out of hours. | Duty worker | PPACE monitoring form | As required |
Complete the appropriate adult monitoring form and deliver to YJS | Duty worker | PPACE monitoring form | Immediately or next working day |
Ensure the parents and primary carer are telephoned and informed of the interview, the outcome and any subsequent court or bail appearances if the YJS or EDT worker was acting as the appropriate adult | Duty worker | Letter | Within 1 working day of the interview |