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(8) In this section—
“appropriate adult”, in relation to a person who has not attained the age of 18, means—
(a) the persons’s parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,
(b) a social worker of a local authority, or
(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;
“appropriate adult”, in relation to a vulnerable adult, means—
(a) a relative, guardian or other person responsible for the vulnerable adult’s care,
(b) a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, or
(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes.
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1.7 The appropriate adult means, in the case of a:
(a) juvenile:
(i) the parent, guardian or, if the juvenile is in the care of a local authority or voluntary organisation, a person representing that authority or organisation (see Note 1B);
(ii) a social worker of a local authority (see Note 1C);
(iii) failing these, some other responsible adult aged 18 or over who is not:
- a police officer;
- employed by the police;
- under the direction or control of the chief officer of a police force; or
- a person who provides services under contractual arrangements (but without being employed by the chief officer of a police force), to assist that force in relation to the discharge of its chief officer's functions,
whether or not they are on duty at the time.
See Note 1F.
(b) person who is vulnerable (see paragraph 1.4 and Note 1D):
(i) a relative, guardian or other person responsible for their care or custody;
(ii) someone experienced in dealing with vulnerable persons but who is not:
- a police officer;
- employed by the police;
- under the direction or control of the chief officer of a police force; or
- a person who provides services under contractual arrangements (but without being employed by the chief officer of a police force), to assist that force in relation to the discharge of its chief officer's functions,
whether or not they are on duty at the time.
(iii) failing these, some other responsible adult aged 18 or over who is other than a person described in the bullet points in sub-paragraph (b)(ii) above.
See Note 1F.
1.7 A The role of the appropriate adult is to safeguard the rights, entitlements and welfare of juveniles and vulnerable persons (see paragraphs 1.4 and 1.5) to whom the provisions of this and any other Code of Practice apply. For this reason, the appropriate adult is expected, amongst other things, to:
- support, advise and assist them when, in accordance with this Code or any other Code of Practice, they are given or asked to provide information or participate in any procedure;
- observe whether the police are acting properly and fairly to respect their rights and entitlements, and inform an officer of the rank of inspector or above if they consider that they are not;
- assist them to communicate with the police whilst respecting their right to say nothing unless they want to as set out in the terms of the caution (see paragraphs 10.5 and 10.6);
- help them to understand their rights and ensure that those rights are protected and respected (see paragraphs 3.15, 3.17, 6.5A and 11.17).
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A person who is responsible for protecting (or 'safeguarding') the rights and welfare of a child or 'mentally vulnerable' adult who is either detained by police or is interviewed under caution voluntarily. The role was created alongside the Police and Criminal Evidence Act (PACE) 1984.
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Someone over the age of 18 who stays with you if you have a mental health problem or disability, or are perceived as 'vulnerable', and are held by the police for any reason. This person, who should not work for the police, is there to support you and help you understand what is happening.
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