Appropriate adult Flashcards
(6 cards)
who would have an appropriate adult?
- juveniles (10 - 17)
- those with a mental conditions which affects their ability to understand, communicate, comprehend etc
who can be an AA for a juvenile?
AA for J can be (in this order):
1) parent/guardian/LA rep
2) social worker
3) someone 18+, unconnected to police + sufficiently responsible
who can be an AA for a MHS?
AA for MH can be:
1) relative/guardian/other person responsible for their care;
2) someone with experience with vulnerable people;
3) another responsible adult
what is the role of the AA?
- Ensure S understands what is happening + their rights
- Check police are acting properly + observing S’s rights
- Assist with communication between S + P (but not answering Qs)
- Consider legal advice is required. AA can request on their behalf but S cannot be forced to see them
what does an AA not do?
- AA does not provide legal advice + conversations are not privileged/DOC
what should the AA be present for and what are the exceptions?
Client should not be interviewed, sign statement in the absence of AA, unless:
o Urgent, approved by superintendent & won’t prejudice S; or
o Delay would lead to interference with evidence/another/property or potential S being alerted