Jan 26, 2012

ABSTRACT

 The role of the appropriate adult was created by the Police and Criminal Evidence Act (PACE) 1984 and accompanying Codes of Practice, with the intention of safeguarding the rights and welfare of mentally vulnerable persons, both suspect or witness once in custody.

This safeguard was introduced as mentally vulnerable persons are capable of providing information that could be considered ‘unreliable, misleading or self-incriminating’, and therefore are subject to miscarriages of justice .

Difficulties arise in police officers identifying mental disorder at the police station and requesting an appropriate adult to support a mentally vulnerable person who finds themselves subject to the criminal justice system when important decisions and actions take place.

This dissertation examines how the absence of an appropriate adult at the initial questioning could impact the effect on the admissibility of evidence at further criminal proceedings.