What does an Appropriate Adult do?
The role of the Appropriate Adult is to help communication during police processes where the person (aged 16 years & over) may struggle with communication or understanding. i.e. those who have a mental health problem, learning disability, on the autistic spectrum, dementia and/or acquired brain injury.
This service is used for victims, witnesses, officially and not officially accused.
The presence of the Appropriate Adult is about trying to ensure fairness for the person going through the police process. It is not about urging or speaking on behalf of a person. It is about a third party checking that clear understood communication is taking place and that the person is not impaired in any way due to their mental health.
Who are Appropriate Adults?
Appropriate Adults play a vital role in supporting equity of access to the justice system and the upholding of human rights.
Appropriate Adults understand the importance of fairness in the justice system. They come from a variety of backgrounds within the EHSCP, are trained to a national standard.
They are independent, not a key worker or family member.
Appropriate Adults
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identify how a person’s communication support needs may impact their understanding of proceedings
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raise any concerns about the person’s communication needs or welfare with the police or other relevant organisations
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ensure, as far as possible, the person understands their rights and any questions asked of them
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always remain impartial
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have an awareness of police procedures
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where applicable, ensure, as far as possible, that the person understands a procedure so they can decide whether to consent or not
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are not protected by confidentiality. This means anything they become aware of must be shared with the relevant authorities including concerns of harm
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are not qualified to provide a formal assessment of an individual’s health or communications issues.
They should not
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provide legal advice or tell the person how or whether to answer questions
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object to, or intervene in, any questions being asked by police other than to help communication
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be an employee of Police Scotland or other referring agencies
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be a family member
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have a professional or personal relationship with the person
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be used to assist with a victim/witness and the accused in the same case
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be left alone with the person or their friends and family members
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be present during the discussion between the solicitor and the person.
How does it work?
Ask the Police Officer for an Appropriate Adult to attend the process with you. Appropriate Adults are available 24/7, wherever the police are. The Criminal Justice (Scotland) Act 2016 (Support for Vulnerable Persons) Regulations 2019, which came into force on 10 January 2020, confer on Local Authorities the duties to deliver Appropriate Adult services. This Statutory Service is independent from Police Scotland and free.
In Scotland, services which can use the Appropriate Adult Services include
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Police Scotland
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Civil Aviation Authority
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British Transport Police
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The Civil Nuclear Constabulary
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HM Revenue & Customs
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The Immigration Service
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Police Investigations Review Commissioner
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Ministry of Defence Police.
The service is provided for the above agencies, but not within court.
Concerns, complaints or comments
If you have any concerns, complaints or comments about the service provided by our Appropriate Adults, you can send the team an email.
Further information
Further information can be found using the following online resources:
- COSLA - Appropriate Adult Service
- Scottish Government - Appropriate Adult guidance for local authorities