Vulnerable adults in police custody
| Published date | 20 November 2019 |
| DOI | https://doi.org/10.1108/JAP-09-2019-0031 |
| Pages | 5-8 |
| Date | 20 November 2019 |
| Author | Ian Cummins |
| Subject Matter | Health & social care,Vulnerable groups,Adult protection,Safeguarding,Sociology,Sociology of the family,Abuse |
Vulnerable adults in police custody
Ian Cummins
Abstract
Purpose –The purpose of this paper is to discuss the recent National Appropriate Adult Network (NAAN)
report on the role of the appropriate adult.
Design/methodology/approach –This paper is based on the NAAN report and a review of relevant policy
and research literature.
Findings –There to Help 2 highlights that there are still significant gaps in the provision of appropriate adult
schemes across England and Wales. These gaps potentially place vulnerable adults at increased risk.
Originality/value –This paper is a review of recent research.
Keywords Mental health, Policing, Safeguarding, Legal, Appropriate adult, Custody
Paper type Viewpoint
This viewpoint paper discusses the recent “There to Help 2”report published by National Appropriate
Adult Network (NAAN). The report is an update on the progress made in the provision of appropriate
adults for vulnerable adults who are detained or interviewed by the police. NAAN works to ensure that
every child and vulnerable adult detained by the police has their rights and welfare protected by the
provision of an appropriate adult. Before examining the report’s findings, the paper outlines briefly the
development of the role of the appropriate adult under the Police and Criminal Evidence Act (2004). It
then looks at the broader issues of mental health and policing. The NAAN report highlights that
despite significant progress in this area, there are still worrying numbers of vulnerable adults who are
interviewed without an appropriate adult present. These gaps clearly place individuals at potential risk
and also have implications for the administration of justice.
PACE and the role of the appropriate adult
Maxwell Confait was found murdered in his bedsit in London in 1972. He had been strangled and
the bedsit set on fire. The case was to have profound implications for the wider administration of
justice in England and Wales. In November 1972, three youths were convicted of arson with
intent to endanger life. One was also found guilty of manslaughter and one was convicted of
murder. The prosecution case was almost totally reliant on confession evidence that had been
obtained under duress (Fisher, 1977). An initial appeal was rejected in July 1973. In June 1975,
the cases were referred to the Court of Appeal. In October that year, the convictions were
quashed. The appeals were followed by the establishment of a Royal Commission that reported
in 1981. The changes that the Commission recommended were incorporated into Home Office
(1984). The case has never been solved.
The investigation into the murder of Maxwell Confait took place in a very different cultural, political
and organisational climate to the one that now exists. Police interviews were governed the
“Judges’Rules”. The Criminal Justice System (CJS) had yet to experience the shocks caused by
a series of miscarriages of justice such as the wrongful conviction of the Birmingham Six.
The introduction of PACE led to wider protections for those being interviewed by the police. The
“Judges’Rules”were abolished and a new framework developed, including the tape recording
of interviews. However, three groups, juveniles, adults with learning difficulties and adults with
mental health problems, were afforded additional protections. It was felt that such individuals
were at particular risk of self-incrimination. Overall, these measures have been widely accepted.
Received 25 September 2019
Revised 8 October 2019
Accepted 14 October 2019
Ian Cummins is based at the
Salford University, Salford, UK.
DOI 10.1108/JAP-09-2019-0031 VOL. 22 NO. 1 2020, pp. 5-8, © Emerald Publishing Limited, ISSN 1466-8203
j
THE JOURNAL OF ADULT PROTECTION
j
PAG E 5
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