Reconstructing the role of the appropriate adult in England and Wales

Abstract

The definition of the role of the ‘appropriate adult’ for young suspects in the Police and Criminal Evidence Act 1984 Code of Practice C is ambiguous and contradictory. This article argues that the role has been socially constructed by the legislator, the courts, young people, the police and appropriate adults themselves. Following various recommendations to use volunteers as appropriate adults, this article revisits the nature of the role in light of a case study of a volunteer appropriate adult service. The results demonstrate that, in terms of volunteer practice, the role has been constructed to include elements of due process, welfare and crime prevention, but has to operate within the constraints of crime control and managerialism. Hence, this article concludes that the role of the appropriate adult should be reconstructed building on the volunteers’ welfare tendencies and that, although a number of cultural and practical obstacles would have to be overcome, he or she should be joined by a mandatory legal adviser to ensure that due process is respected.

Extending and professionalising the role of the appropriate adult

“…The literature has suggested that current provisions could be amended to allow a parent to be present during the process as well as an independent, properly trained practitioner, whether that person is a volunteer or social worker (Littlechild 1995, Pierpoint 1999, 2000a, 2000b, 2006a. However, parents and relatives may have very different views.…”

“…Hodgson 1997, White 2002, volunteer appropriate adults (e.g. Pierpoint 2001Pierpoint , 2006aPierpoint , 2008 and paid appropriate adults could remain, particularly as the 'adequate training' referred to in the proposals (listed in Figure 1) is not part of a national programme for all types of appropriate adult.…”

“…It has been argued that this definition is ambiguous and contradictory and that, subsequently, the role has been socially constructed by different parties, ranging from policymakers and the judiciary to the police, detainees and, most importantly, appropriate adults themselves. Such reconstruction of the role is held to include elements of due process, crime control, welfare and crime prevention (Pierpoint 2006a).…”

“…Within the academic literature (see, for example, Evans and Rawstorne 1994, Thomas 1995, Palmer 1996, Philips and Brown 1998, Pierpoint 2006a criticisms have included:…”

Children, Young People and Requests for Police Station Legal Advice: 25 years on from PACE

“…19 If there are long delays while children and young people wait for an appropriate adult, then the thought of there being further delays could discourage them from requesting legal advice (Dixon et al, 1990). 20 The difficulties encountered with appropriate adults, particularly in relation to access to legal advice, have led some critics to argue for a tightening up of legal protections, including for some, introducing mandatory legal advice for juveniles detained in police stations (Littlechild, 1998;Pierpoint, 2006;Kemp, 2010;Sanders, Young and Burton, 2010). However, it is important that both welfare and legal protections required for juveniles do not unduly increase their time spent in custody.…”