Neath Port Talbot YOT

Appropriate Adult Training

Claire Owen – Volunteer Co-ordinator

IntroductionIntroduction

Introduce yourself to the group Introduce yourself to the group

What type of volunteering have you done?What type of volunteering have you done?

One interesting fact about yourselfOne interesting fact about yourself

Experiences Being an AAExperiences Being an AA

Any Experiences of being an AAAny Experiences of being an AA

Questions?Questions?

Any worries or concerns about being an Any worries or concerns about being an AA?AA?

Objectives

Explain the role of AA as defined in the Explain the role of AA as defined in the PACE codes of practicePACE codes of practice

Identify the relevant personnel at the Identify the relevant personnel at the police stationpolice station

Understand the boundaries of the AA roleUnderstand the boundaries of the AA role

At the end of the training participants will be able to:

Objectives Continued…

• Understand the rights and responsibilities of an Understand the rights and responsibilities of an Appropriate AdultAppropriate Adult

• Communicate effectively with detained persons and Communicate effectively with detained persons and relevant professionals within the police stationrelevant professionals within the police station

• Work within the confidentiality procedures of an AAWork within the confidentiality procedures of an AA

• Complete relevant monitoring formsComplete relevant monitoring forms

What is an Appropriate Adult?What is an Appropriate Adult?

Independent/impartial adult to safeguard the Independent/impartial adult to safeguard the rights and civil liberties of a child or young rights and civil liberties of a child or young person (10-16 years old) who is detained by person (10-16 years old) who is detained by police.police.

The role of the AA is not to ascertain guilt or The role of the AA is not to ascertain guilt or otherwise of the young person who is detained.otherwise of the young person who is detained.

The AA is there to ensure the young persons The AA is there to ensure the young persons physical and emotional welfare is protected.physical and emotional welfare is protected.

What is an AA cont…..What is an AA cont…..

The AA is to ensure ‘police procedures are The AA is to ensure ‘police procedures are carried out correctly. That the young persons carried out correctly. That the young persons rights as identified by law are protected and to rights as identified by law are protected and to minimise the risk of the interview producing minimise the risk of the interview producing unreliable evidence’unreliable evidence’

It does not matter if you know the young person, It does not matter if you know the young person, but it does matter if you have any details of the but it does matter if you have any details of the offence prior to acting as an appropriate adult – offence prior to acting as an appropriate adult – or if the young person tells you about the or if the young person tells you about the offence – You cannot act as an AA in this case.offence – You cannot act as an AA in this case.

The Appropriate Adult

Under the Police and Criminal Under the Police and Criminal Evidence Act (PACE) 1984 an Evidence Act (PACE) 1984 an

Appropriate Adult is Required if a Appropriate Adult is Required if a Person is:Person is:

The Appropriate Adult

• A Juvenile (aged 16 or under)A Juvenile (aged 16 or under)• Mentally DisorderedMentally Disordered• Vulnerable AdultVulnerable Adult

In the Case of a Juvenile an Appropriate Adult is Defined as:

• Parent or GuardianParent or Guardian

• In case of a looked after child, the care authority In case of a looked after child, the care authority or voluntary organisationor voluntary organisation

• A Social WorkerA Social Worker

• Failing any of the above, a responsible adult Failing any of the above, a responsible adult aged 18 or over who is not a police officer or aged 18 or over who is not a police officer or employed by the police.employed by the police.

Group ExerciseGroup Exercise

Working in groups….Working in groups….

What qualities do you need to be an AA?What qualities do you need to be an AA? What worries or concerns do you think a What worries or concerns do you think a

young person may have about the process young person may have about the process of being in custody?of being in custody?

ExerciseExercise

Roles and Responsibilities of an AARoles and Responsibilities of an AA

Sequence of Procedures at the Sequence of Procedures at the police stationpolice station

ArrestedArrested Conveyed to the Police StationConveyed to the Police Station Booked into custodyBooked into custody Fingerprinted/Photographed/DNAFingerprinted/Photographed/DNA Placed in a cellPlaced in a cell Call made to the solicitorCall made to the solicitor Call made for Appropriate AdultCall made for Appropriate Adult InterviewInterview DecisionDecision DisposalDisposal :: Charged (bail or remand)Charged (bail or remand)

BailBailNFANFAReprimand/final warningReprimand/final warning

The Appropriate Adult is Required at the following key stages in the process

• When the young person is informed of his or her When the young person is informed of his or her rightsrights

• During a strip or intimate searchDuring a strip or intimate search

• During any interviewsDuring any interviews

• At the point of case disposalAt the point of case disposal

• When the young person takes part in an When the young person takes part in an identification procedureidentification procedure

Legal Advice

Neath Port Talbot Youth Offending Team Neath Port Talbot Youth Offending Team have a policy that we will have a policy that we will NOTNOT undertake undertake Appropriate Adult duties unless a solicitor Appropriate Adult duties unless a solicitor

is present.is present.

The duty solicitor who attends the police The duty solicitor who attends the police station is called by the police but is not station is called by the police but is not

employed by them. Detainees can identify employed by them. Detainees can identify their own solicitor if they have onetheir own solicitor if they have one

Legal Advice

The Appropriate Adult is The Appropriate Adult is notnot there to give there to give legal advicelegal advice

The Appropriate Adult has the right to The Appropriate Adult has the right to request legal representation for the request legal representation for the

detained persondetained person

However the detained person cannot be However the detained person cannot be made to speak to the legal representativemade to speak to the legal representative

Who’s Who at the Police Station

• Police Constable – Will often be the rank involved in the arrest and interview of detainees.

• Detective Constable – Will sometimes be involved in the arrest and interview, likely in more serious cases or specific operations such as crackdowns on burglaries or robberies.

Who’s Who at the Police Station

• Police Sergeant – Custody Sergeants have all achieved this rank. Very important liaison point for the Appropriate Adult. Personally responsible for the welfare of all those in the custody area.

• Inspector – Undertakes detention time reviews. Should be a duty inspector available on each shift to deal with more serious concerns.

Who’s Who at the Police Station

• Superintendent – May be called upon to give permission for certain identification to be taken where consent is withheld.

• Civilian Security Workers – contract held by Securicor in Neath.

Other People at the Police Station

• Forensic Medical Examiner or Health Care Professional – This is the doctor who the police will call when they believe that anyone is in need of some form of medical input.

• Arrest Referral Workers – They visit the police station in relation to issues detainees may have around drugs or mental health.

Other People at the Police Station

• Independent Custody Suite Visitor – These people are volunteers recruited and trained by the independent custody suite visitors scheme. Their role is to call randomly at police stations to ensure procedures are being followed.

• Interpreters – Called by the police to assist for those with language needs. Appropriate Adults can request an interpreter as necessary.

On Arrival at the Police Station:

• Confirm your identity as the Appropriate AdultConfirm your identity as the Appropriate Adult

• Once in custody suite, introduce yourself to the Once in custody suite, introduce yourself to the custody sergeantcustody sergeant

• Ask for a copy of the custody recordAsk for a copy of the custody record

• Ask if the young person has received the Ask if the young person has received the appropriate reviews e.g. Medical, food etc.appropriate reviews e.g. Medical, food etc.

• Establish name of solicitor (May vary)Establish name of solicitor (May vary)

• Ask to speak to Young PersonAsk to speak to Young Person

When speaking to the Young Person:

• Explain who you are and why you are there.Explain who you are and why you are there.

(The young person has the right to see the AA (The young person has the right to see the AA alone, but should not discuss the offence.)alone, but should not discuss the offence.)

• Check conditions of detention and welfare of Check conditions of detention and welfare of young person and fitness for interviewyoung person and fitness for interview

• Ensure the Custody Officer gives the young Ensure the Custody Officer gives the young person his/her rights in your presence and that person his/her rights in your presence and that they understandthey understand

During the Interview:

• At the beginning of the interview the young person is cautioned and you must ensure that he/she understands its implications.

• On introduction, the interviewing officer will highlight everyone that is present in the room (You will be expected to say your name and that you are the appropriate adult.)

During the Interview Continued…

The arresting officer will remind you that:

• You are not expected to act simply as an observer, and the purpose of your presence is to:

– Advise the person being questioned– Observe whether or not the interview is being conducted

properly and fairly.– Facilitate communication with the person being

interviewed.– Do you understand?: You should acknowledge that you

do

During the Interview Continued…

• You should, prevent oppressive or leading questions and intervene to clarify if questions are misunderstood.

• You can ask for a break at any stage if you believe that the young person is becoming confused, tired or distraught.

• It is best not to take notes during the interview

• When the interview ends you will be asked to countersign the tape seals if you are satisfied they are a true record of the interview.

What should NOT happen in an What should NOT happen in an interviewinterview

Inappropriate familiarity by the interviewing officerInappropriate familiarity by the interviewing officer Interviewer repeatedly interrupting detainee’s answersInterviewer repeatedly interrupting detainee’s answers Interview raising voice, shouting or using foul languageInterview raising voice, shouting or using foul language Interviewer standing during the interviewInterviewer standing during the interview Excessive repetitive questionsExcessive repetitive questions Inappropriate questioning e.g. about unrelated mattersInappropriate questioning e.g. about unrelated matters Detainee unable to understand questionsDetainee unable to understand questions Detainee upset, confused or very agitatedDetainee upset, confused or very agitated

After the Interview:

• If the young person is charged, accompany him/her through the fingerprinting, photographs, and/or DNA testing. These can be taken without consent.

• Check transport arrangements for the young person

• Check and countersign any property return

• Check/Confirm arrangements for return home

• Do NOT take the young person home!

Maximum Waiting Times

• Reception – 30 MinutesReception – 30 Minutes

• Custody Suite – 30 MinutesCustody Suite – 30 Minutes

• CPS/Disposal Decision – 45 MinutesCPS/Disposal Decision – 45 Minutes

• Average Length of visit – 3 hoursAverage Length of visit – 3 hours

Waiting Times Will VaryWaiting Times Will Vary

Depending on the severity of the OffenceDepending on the severity of the Offence

The Disposal Decision• No Further Action• Police Reprimand• Final Warning• Bail to return (Explained below)• Charged / Released• Charged / Detained

Bail Conditions

• Curfew

• Not to Contact Witness

• Not to Consume Alcohol

• Not to enter a certain area

(e.g. Town Centre)

LUNCH BREAK !!!LUNCH BREAK !!!

NAAN - DVDNAAN - DVD

Exercise – The Criminal Justice SystemExercise – The Criminal Justice System

Police Station AAPolice Station AA DiversionDiversion

Crown Prosecution ServiceCrown Prosecution Service DiversionDiversion

Court:Court: Youth/Magistrates/CrownYouth/Magistrates/Crown

Not Guilty PleaNot Guilty Plea Guilty PleaGuilty Plea

TrialTrial ConvictedConvicted

AcquittedAcquitted SentencedSentencedPsychiatric Psychiatric Services or Services or Secure Secure AccomAccom

FineFine Community OrderCommunity Order DischargeDischarge Custody Custody Referral Order (Youths)Referral Order (Youths)

Rights of the detainee and Rights of the detainee and guidelines for detentionguidelines for detention

Rights:Rights: To have someone informed of their arrest.To have someone informed of their arrest. To free independent legal adviceTo free independent legal advice To consult the Codes of Practice, setting out the powers, To consult the Codes of Practice, setting out the powers,

responsibilities and procedures of the policeresponsibilities and procedures of the police NOTE: These are continuing rights, which may be exercised at any NOTE: These are continuing rights, which may be exercised at any

stage in the person’s custody periodstage in the person’s custody period

Entitlements:Entitlements: Reasonable standards of physical comfort, adequate food and drink, Reasonable standards of physical comfort, adequate food and drink,

access to toilet and washing facilities, clothing, medical attention access to toilet and washing facilities, clothing, medical attention and exercise where practicable.and exercise where practicable.

Limit of detentionLimit of detention:: A person may be detained in police custody for up to 24 hours without charge, this is known as A person may be detained in police custody for up to 24 hours without charge, this is known as

the ‘limit of detention’.the ‘limit of detention’. The period of time begins from the time the person arrives at the custody suiteThe period of time begins from the time the person arrives at the custody suite This time can be extended to 36 hours but only in the most serious cases, and with the consent This time can be extended to 36 hours but only in the most serious cases, and with the consent

of the superintendent.of the superintendent.

Review Times:Review Times: Reviews occur after the person has been in detention for no more than 6 hours, then again at 9 Reviews occur after the person has been in detention for no more than 6 hours, then again at 9

hours after the first review and again after 9 hours after the second review.hours after the first review and again after 9 hours after the second review. The review checks that there is a need for the person to remain in custodyThe review checks that there is a need for the person to remain in custody That the investigation is taking place quickly and efficientlyThat the investigation is taking place quickly and efficiently That the person is aware of their rights etc.That the person is aware of their rights etc.

Rest Periods:Rest Periods: PACE states that in any period of 24 hours detention a person is entitled to an uninterrupted rest PACE states that in any period of 24 hours detention a person is entitled to an uninterrupted rest

period of 8 hours, usually at night.period of 8 hours, usually at night.

Meals and RefreshmentsMeals and Refreshments:: At least 2 light meals and 1 main meal must be offered in a 24 hours period.At least 2 light meals and 1 main meal must be offered in a 24 hours period. Meals should be provided at regular meal times, or taking into account when the person last had Meals should be provided at regular meal times, or taking into account when the person last had

a meal.a meal. Drinks should be provided at meal times where practicableDrinks should be provided at meal times where practicable

Before leaving the Police Station

• Complete PACE monitoring form and contact YOT / EDT to notify of outcome

• Discuss any concerns or queries with appropriate YOT / EDT personnel

NOTE – PACE forms are to be returned

back to the Port Talbot YOT offices within

24 hours!

Rights and Responsibilities

You have the right to:

• Be treated with respect by police and solicitors

• See the custody record

• Speak to the young person before the interview

• Intervene and comment in the interview

• Carry out the role in a Healthy and Safe environment.

Rights and Responsibilities

You should be:

• Familiar with the PACE Codes of Practice

• Aware of the roles of the Custody Officer, the interviewing officer and the solicitor

• Confident in the role

• Assertive

• Non-Judgemental

Confidentiality

Confidentiality and the Appropriate Adult

Appropriate Adults need to make young people aware of the limits of confidentiality

in their role at the outset. Due to the nature of the role and circumstances,

confidentiality is rarely going to be appropriate as the majority of information

relates to detention and is recorded.

DVD – Plymouth YOTDVD – Plymouth YOT

Paperwork

• PACE Monitoring Form

• Appropriate Adult Information Pack

• Expenses

• The AA Rota

Appropriate AdultQUIZ

Parameters Exercise

Objectives

Explain the role of AA as defined in the Explain the role of AA as defined in the PACE codes of practicePACE codes of practice

Identify the relevant personnel at the Identify the relevant personnel at the police stationpolice station

Understand the boundaries of the AA roleUnderstand the boundaries of the AA role

At the end of the training participants will be able to:

Objectives Continued…

• Understand the rights and responsibilities of an Understand the rights and responsibilities of an Appropriate AdultAppropriate Adult

• Communicate effectively with detained persons and Communicate effectively with detained persons and relevant professionals within the police stationrelevant professionals within the police station

• Work within the confidentiality procedures of an AAWork within the confidentiality procedures of an AA

• Complete relevant monitoring formsComplete relevant monitoring forms

Questions?Questions?

Please feel free to ask any questions you Please feel free to ask any questions you may have…..may have…..

PACE forms/Travel Expenses FormsPACE forms/Travel Expenses Forms Certificates Certificates Evaluation FormsEvaluation Forms

End of SessionEnd of Session

Useful Websites:Useful Websites:

• www.appropriateadult.org.ukwww.appropriateadult.org.uk

• www.www.police.homeoffice.gov.uk police.homeoffice.gov.uk