posted on 2011-02-11, 09:25authored byTeresa Nemitz
The research discussed in this thesis was the first to analyse the use of the
Appropriate Adult for mentally disordered adult suspects in the police
station. The role of the Appropriate Adult raises questions about how, and
under what circumstances should mentally disordered suspects be detained
and interviewed in the police station? The Appropriate Adult is the only
special protection provided for mentally disordered suspects during their
detention and interrogation. The Appropriate Adult's role and function is
defined in Code C of the Police and Criminal Evidence Act 1984. The role of
the Appropriate Adult is to ensure that the suspect's rights are respected, the
suspect understands the procedures involved and that the police adhere to
the Code, thereby minimising the risk of the police obtaining unreliable
evidence from the suspect e. g. false confessions. The data in this thesis shows
that the use of the Appropriate Adult is rarely used.
Out of the study of 20.805 custody records in four police stations in three
police areas during 1992, it was found that an Appropriate Adult was used
for only 38 mentally disordered adult suspects. The research also showed
that at least a further 448 mentally vulnerable suspects should have had an
Appropriate Adult called for them. Some of the reasons why the
Appropriate Adult protection is neglected are examined and in so doing
many socio/legal questions are raised such as: false confessions, miscarriages
of justice, the amendment to the `right to silence, ' confidentiality, the roles of
the custody officer, solicitors and police surgeons, and last but not least, the
role and function of the Appropriate Adult. While there is growing concern
about the ability of persons asked to act as Appropriate Adults the thesis
includes a case study of a volunteer Appropriate Adult Scheme that provides
some answers to the many issues raised and points the way to future
development of those suspects detained and interviewed in the police station.