There to help: ensuring provision of appropriate adults for mentally vulnerable adults detained or interviewed by police (original) (raw)
Related papers
Vulnerable adults in police custody
The Journal of Adult Protection
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.
This article examines the treatment of vulnerable suspects in police custody, with particular emphasis upon how the police define vulnerability in relation to adult suspects. Drawing upon qualitative data produced through observation of and interviews with COs at a custody suite in England, the article will explore why the appropriate adult (AA) safeguard is often left unimplemented. It builds upon previous research on the identification of vulnerability, but goes further by also addressing how vulnerability is defined. In discussion, this paper draws upon legalist, culturalist, and structuralist arguments to offer explanations for non-implementation of the AA safeguard.
Child protection and youth justice are the two most significant statutory systems involved in the care of children and adolescents in Australia. Care leavers are one of the most disadvantaged and marginalised populations in our society. 1 Their pre-care experiences of abuse and neglect, their often poor in-care experiences, their accelerated transitions to adulthood, and the lack of ongoing support they receive upon leaving care make them vulnerable to a number of poor social and economic outomes. 2 Leaving care is formally defined as the cessation of legal responsibility by the state for young people living in out of home care ('OHC'). In Australia, young people in OHC are expected to commence preparation for leaving care from the age of 15 or 16; by the time they are 18 years old, the state ceases legal responsibility for the care and welfare of this group. 3 Individual states and territories have legislated for the provision of post-care services for this group, with supports generally available until the age of 21, or up until 25 years in some jurisdictions (for example, New South Wales and Western Australia).
The Journal of Criminal Law, 2020
Appropriate Adults (AAs) are an important procedural safeguard for young and vulnerable people in a criminal investigation. The significance of their role is recognised by Parliament in the Police and Criminal Evidence Act 1984 (PACE) and the appending Codes of Practice, most notably Code C. However, the ability of AAs as to perform their role is being impeded by a lack of clarity around their status and the rules that they are governed by. Often at the behest of lawyers, AAs are excluded from the conversations which lawyers have with their clients as a pragmatic solution to the uncertainty in the status of AAs. This means that AAs are rarely able to properly perform their vital role. Consequently, vulnerable people are not receiving the meaningful support they should receive. This represents a missed opportunity to protect the rights and interests of vulnerable people in the criminal justice system. When AAs are deployed effectively and appropriately, they can empower young or vuln...
The Impact of Incarceration on Children's Care: A Strategic Framework for Good Care Planning
In order to examine current care planning experiences and practices for children whose primary carers are arrested and imprisoned in Victoria and New South Wales, this multi-method study gathered primary data from 151 imprisoned primary carers, 27 carers, three children and two adult children, along with 124 professional stakeholders. Secondary data was sought from both statutory and non-government organisations about imprisoned parents and children. Relevant rights, legislative and policy documents were also reviewed. It is clear that numbers of parents being imprisoned are increasing, as are the number of children affected, yet this group remains hidden and relatively few children and families appear to access relevant support. Little data has been collected from statutory bodies about this group of children, and responses tend to be ad hoc and based on worker knowledge and experience. The findings of the study suggest there are key crisis points during a parent’s journey through the criminal justice system – arrest, remand, sentencing, imprisonment and release – with little formal attention paid to children at each of these stages. A lack of formal protocols and guidelines concerning children, along with limited inter-agency communication, means responsibility for children is poorly placed and coordinated, with children typically not recognised or seen. Children most affected by parental incarceration are typically young – primary school aged - and most are required to move from their family home when their primary carer parent is imprisoned. While contact between the incarcerated parent and the child is generally maintained, there is often no specific follow up or support for children or their carers and they often do not feature in any pre-release planning. For incarcerated primary carer parents, findings suggest clear gender differences exist within the criminal justice system in terms of parenting support. While mothers are offered a range of parenting services and support, fathers are offered very little support of this kind and are arguably less prepared when returning to a parenting role in the community. The study did uncover, however, examples of good practice within this process and opportunities for positive intervention at every stage. Findings indicate that when discussions about children take place between parents and professionals, parents are more satisfied with the placement of their children, with better outcomes for children. The recommendations provided are made at each of the defined crisis points, and place children at the centre of the process whilst acknowledging incarcerated primary carer parents. These recommendations focus on the implementation of holistic services at each stage of the prison trajectory and would allow potential clients to seek assistance if, and when, it is needed. It is also recommended that data gathering processes are prioritised within key organisations, to more accurately understand the scope of the issue and to better address the needs of children. Recommendations also focus on areas for further research.