Question
To ask the Chief Constable (i) for the PSNI’s definition of an “appropriate adult” in the context of strip searching of Under-18s in a custodial setting (ii) how many appropriate adults are available to the PSNI to attend such searches (iii) what is the process followed by a Custody Sergeant to secure the presence of an appropriate adult (iv) what is the average time lapse between a Custody Sergeant requesting an appropriate adult and the latter’s attendance and (v) under what other circumstances does the PSNI call upon the services of an appropriate adult.
Answer
Further to the supplementary question outlined above:
(i) for the PSNI’s definition of an “appropriate adult” in the context of strip searching of Under-18s in a custodial setting
The Police Service of Northern Ireland does not define ‘appropriate adult’ the definition is contained within the Police and Criminal Evidence (Northern Ireland) Order 1989 (PACE) Codes of Practice (COP) Code C Sct 1.7 (a)
‘The appropriate adult’ means, in the case of a:
(a) juvenile:
(i) the parent, relative, guardian or, if the juvenile is in care, a member of a care authority, or voluntary organisation;
(ii) a social worker;
(iii) failing these, some other responsible adult aged 18 or over who is not a police officer or employed by the Northern Ireland Policing Board.(ii) how many appropriate adults are available to the PSNI to attend such searches
In the first instance the Police Service always try to contact the persons’ parent or guardian. However, for a variety of reasons this may not always be possible; we may be unable to contact them, or there are certain circumstances when PACE disqualifies the parent from being the AA.
If the parent or guardian is unable to act as the AA, then the Custody Sergeant considers the Department of Justice (DOJ) AA Scheme. In Northern Ireland MindWise mental health charity launched the Northern Ireland Appropriate Adult Scheme (NIAAS). This scheme was established in 2009 with funding from the Department Of Justice. They have a total of 18 Appropriate Adults, both part time contracted and casual staff, and deliver a service 24/7, 365-days a year. Staff are available to all of the suites in Northern Ireland.
(iii) what is the process followed by a Custody Sergeant to secure the presence of an appropriate adult
The custody process for juvenile detainees mandates that their rights are overseen and countersigned by an Appropriate Adult. As soon as the Custody Sergeant is aware that an Appropriate Adult is required, they immediately implement steps to secure their attendance.
During the ‘booking in’ stage of the detention process, a juvenile detainee is informed that there is a requirement for an adult to be present and available to give them advice and guidance throughout their detention, and to ensure that their rights are being fully complied with. However, they are told that this advice is not legal advice, to which they have a separate right to access. They are informed that the Appropriate Adult is usually their parent or guardian. If it cannot be their parent or guardian, the reason why is explained to them and they will be asked if there is another relative that can act on their behalf. If no relative, or friend over the age of 18, is readily available to them, then they are informed that someone from the Northern Ireland Appropriate Adult (NIAAS) scheme will be contacted to assist them. They are also informed that in all cases their parent or guardian will be contacted to inform them they are in custody, even if they are not available to act as their AA.
The only time the detainee is not informed as outlined above, is if at that time they are incapable of understanding what is being said to them. On arrival of the AA at the police station, they are provided with written guidance as to their role, should this be required. The detained juvenile’s rights are then repeated to them in the presence of the AA who is asked to countersign the custody record to evidence that the juvenile has been given their rights’ under PACE in the presence of the AA.
(iv) what is the average time lapse between a Custody Sergeant requesting an appropriate adult and the latter’s attendance.
The Police Service do not hold central data on the average time that it takes between the Custody Sergeant requesting an AA and their attendance. However, Mind Wise data indicates the average attendance for their staff is three hours.
(v) under what other circumstances does the PSNI call upon the services of an appropriate adult.
PACE COP C Sct 1.4 outlines the circumstances that a person other than a Juvenile may require an Appropriate Adult
If an officer has any suspicion, or is told in good faith, that a person of any age may be mentally disordered or otherwise mentally vulnerable or has significant communication difficulties, in the absence of clear evidence to dispel that suspicion, the person shall be treated as such for the purposes of this Code. PACE COP C Sct 1.7 (b) outlines that in an Appropriate Adult is also required for a person who is mentally disordered or mentally vulnerable.
Mike Nesbitt - UUP