Appropriate Adults and Mental Health in Custody

Code C of the PACE Codes of Practice requires the custody officer to call an appropriate adult as soon as practicable where the officer believes or suspects that a detained person is mentally disordered or otherwise mentally vulnerable. "Mentally vulnerable" is defined broadly: it includes anyone who, because of their mental state, may have difficulty understanding or communicating, or who may be at risk of providing information that is unreliable, misleading, or self-incriminating. This is a low threshold, and officers are trained to err on the side of calling an appropriate adult where there is any doubt.

The appropriate adult for a mentally disordered or mentally vulnerable adult is ideally someone who knows the individual and is familiar with their needs, such as a relative or carer. In the absence of such a person, an adult who is experienced in dealing with mental health matters (but who is not a police officer or employed by the police) may act. In practice, many areas have appropriate adult services staffed by volunteers or mental health professionals who can attend at short notice. Social workers frequently act as appropriate adults in custody settings.

The appropriate adult's role in the context of mental health is particularly important during interview. Research has consistently found that people with mental disorder or cognitive impairment are at increased risk of making false confessions and of providing unreliable information under the pressure of a police interview. The appropriate adult can help to identify when a person does not understand a question, when they are distressed, or when the interview should pause to allow a break. A failure to call an appropriate adult for a mentally vulnerable person may lead to the exclusion of interview evidence under section 76 or section 78 of PACE.

There are important links between the appropriate adult requirement and the section 136 pathway. A person who is detained under section 136 and then subsequently arrested and placed in custody must have their mental health needs assessed and an appropriate adult called if appropriate. The custody officer should also consider whether a healthcare professional, including a mental health nurse if available, should assess the person. The presence of an appropriate adult does not diminish the police's responsibility to provide appropriate care and to take all reasonable steps to protect the health and welfare of a detained person.