Redbridge YOS Appropriate Adult Training for Volunteers

Redbridge YOS Appropriate Adult Training for Volunteers

Objectives

Understand the Role of police when yp are arrested

Understand the Role of AA when called to the police station

Understand Redbridge YOS/police Appropriate Adult protocol

Who are the Police in Redbridge?

The police use the Phonetic Alphabet, each station has a call sign

JI (JULIET INDIA) = Ilford police station

JB= (JULIET BRAVO) = Barkingside police station

JN (JULIET NOVEMBER) =Wanstead

JF (JULIET FOXTROT) =Woodford

Officers have ranks, and are known by numbers and call signs

Ilford Police Station

274-290 High Road

Ilford IG1 1GT

Custody tel:-

0208 345 2629/30

Custody Offices

Ilford Police Station based in High Road Ilford. It is the main station for all prisoners. CID and Case Progression Unit are based there.

Barkingside Police Station can be used as an overflow, so you could be called there as well

Process when police arrest a person

Evidence of an offence  Grounds to arrest

Arrest

To police station ASAP

Booked in

Interviewed

Disposal

Who deals with what?It is the core team that deal with the day to day calls – they will be

first on scene but can contact specialist staff via their radio E.g.

Dog handlersTraffic carsHelicopter

Mounted branchCid

Robbery squadFraud squad

Serious crime squadSexual offences investigators

Territorial support

Appropriate Adult?

This is a term that is used within Criminal Justice and means someone who is an ‘adult’ and who is ‘appropriate’, to ensure that young and vulnerable people are looked after and understand what is happening to them. So if such a person is arrested the police should call an ‘Appropriate Adult’

“Appropriate Adult”

Means: The parent, guardian, or if the juvenile is in

local authority …a person representing that authority or organisation

A social worker of a local authority Failing these, some other responsible adult

aged 18 or over who is not a Police Officer or employed by the police”

Codes of Practice C Para 1.7

Legal Requirements

The Police and Criminal Evidence Act 1984 (PACE) first introduced a legal requirement for young people under 17yrs to have an appropriate adult (and 17 year-olds to be offered one)

The PACE Codes of Practice lays down guidelines for people kept in police detention(Codes of Practice)

It was the Crime and Disorder Act 1998 that made YOS responsible for providing appropriate adults if parents could not attend

Who requires an Appropriate Adult?

Whether arrested or at Court, the following will require an Appropriate Adult:

Any Young Person aged 16 years or under

Any adult over 16 who is vulnerable

17 year-olds are offered the service but can turn it down

If anyone appears to be under 17 they shall be treated as a juvenile for the purposes of the detention- Code C Para 1.5

Who should act as AA?

The best person to act as Appropriate Adult is the young persons parents or carers.

The police should make enquiries to get the yp parentsor carers first before calling the YOS for an AA

The Custody Officer

The Custody Officer is a Sergeant who is in charge of all those arrested and taken to the police station.

Usually there are a number of Civilian Detention Officers who assist the Custody Officer

PACE 1984

The act says the custody officer must inform the parents of those under 17 or another ‘appropriate adult’ of his/her detention and get that person to the police station.

The act also says the young person cannot veto this.

(para. 3.9)

This is different from the young person’s right to have someone informed of his/her arrest.

Scenario- Residential Burglary

Young person Johnny- was seen by a member of the public carrying a DVD recorder at 4 am. He was seen coming out of rear alley behind residential houses. Police were called. When they arrived Johnny refused to say where he got the DVD recorder from. Nearby police saw a house with a broken window and signs of a burglary.

Police arrest for suspected Burglary and take to station, where it is found that Johnny is 16 years old.

.

Johnny

The justice process

The police have the power to arrest Johnny (on suspicion of Burglary), take him to the police station and interview him about what has happened.

There may be an innocent reason why he was carrying the DVD recorder-it may be just a coincidence that a nearby house had been burgled…..

The Role of the AA

Under the Police and Criminal Evidence Act 1984 an Appropriate Adult is someone who supports a young person when they have been arrested.

They observe the interview by the police to ensure that it is carried out fairly and properly

At the police station

The police will take Johnny to the police station. He will be booked in by the Custody Officer who will start a Custody Record. However because he is only 16 years, they cannot interview him without an Appropriate Adult present

In the old days…..

Police call YOS for AA

Before the police interview Johnny they will need to have an Appropriate Adult present. The first thing the police will do is try and get hold of a parent/relative. Failing this, there is a protocol on how they should go about calling for a volunteer

Cases Volunteers will not deal with

Murder Manslaughter Rape Serious assaults

YOU are called to act as AA

As a volunteer, we will train you and support you in your role as AA. The YOS have regular supervision sessions to help you in this role

When you are called to the Police Station

   At police station phone custody or tell station officer you

have arrived

   Someone will take you to custody suite

   Introduce yourself and speak to custody officer or officer

in case to find out what is happening

      Check custody record

      Start to fill in pace form

     Introduce yourself to Johnny- who will be in a

Detention room rather than a cell

On arrival at Custody Suite

Ilford Custody Area

Detention Rooms

Speaking to young person Do not let Johnny speak to you about the offence. Why do you think this is important? Check Johnny is ok and understands why he

has been arrested

Explain what is going to happen

Tell Johnny you will be at the police station throughout his stay

(if you have to leave make sure you let him know)

What will AA have to do? Johnny will have his rights read again in your

presence You will attend the interview when officers

ready You will complete a PACE form for the YOS You will be present at charge or bail etc You may be present for fingerprints etc

Rights of detained person

Under PACE a detained person has the right to have;-

Someone informed that he/she has been arrested.

To have legal advice i.e. Duty Solicitor or to speak to a Solicitor on the phone

Consult the Codes of Practice

PACE Codes of Practice-Code CGuidance for dealing with people in Detention e.g. So far as it is practical, not more than one detainee

should be detained in each cell –Code 8.1 Access to toilet and washing facilities must be

provided-Code 8.4 At least two light meals and one main meal should be

offered within any 24 hours-Code 8.6 Meals should so far as practicable, be offered at

recognised meal times, or at other times that take account of when the detainee last had a meal-Code 8B

Rights…

Under PACE the young person has a right to consult privately with the Appropriate Adult at any time

(para. 3.12)

Solicitors

PACE states if the Appropriate Adult thinks that the young person needs legal advice, the Police are required to treat this as a request for a lawyer by the young person himself/herself

(annex c para.2)

Guidance on calling a Solicitor

It is Redbridge YOS policy to call a solicitor every time. But what if the yp refuses and tells you he doesn’t want one. If you call one, the yp could be kept longer than is necessary…….

Gillick decision -mature minors have the right to make decisions regarding their welfare -so if they refuse a solicitor where do you stand…..

NAAN Guidance Young person 15yrs and under, over-

rule them and call a solicitor –ensure custody officer marks it up on custody record. Record it on PACE form

Try to persuade the young person to speak to the solicitor when he/she arrives

Consider whether they are looked-after

YP 16 years and over…

Try to persuade the young person to have a Solicitor or at least speak to one over the phone. If they are still adamant that they do not wish to have one then ensure that what you have done is marked up on custody record. But tell young person that you are not a Solicitor and you strongly request they get one if they are charged

The Solicitor arrives

When the solicitor arrives, let Johnny speak to him on his own. Solicitors have legal privilege whereas you don’t. Solicitors have access to the police evidence. Support Johnny by explaining that the solicitor is there to help him and advise him on what to tell the police.

Once Johnny has spoken to his solicitor, the police will interview him about what has happened.

As AA you will be with Johnny throughout the interview

process

Police Interviews

Before the interview begins the police officer must;- Identify himself and other officers present by name

and rank Caution Johnny Put to Johnny any significant statement or silence

which occurred before his arrival at the police

station

Criminal Justice and Public Order Act 1994

AA’s role in Police interview

Code 11.17 says:’

‘If an Appropriate Adult is present at an interview, they shall be informed;

They are not expected to act simply as an observer The purpose of their presence is to;

• Advise the person being interviewed• Observe whether the interview is being

conduced properly and fairly• Facilitate communication with the person being

interviewed’

Caution…

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence”

Effect of caution in interviews

The right to silence has not been abolished. All the changes relate to the right to comment on a person’s silence.

E.g. “but it may harm your defence if you do not mention when questioned something which you later rely on in court and anything you do say may be given in evidence”

Consequences???

If Johnny refuses to answer any questions even though he has been given ample opportunity to explain what has happened, the court may draw its own conclusions from this

S34 Criminal Justice and Public Order Act 1994

Interviews

After the interview the police will decide on what will happen next

 Disposal options

Charge and bail to court Charge and remand to local authority

secure accommodation  Charge and remand in custody to court  Police bail to return  NFA Youth Caution Youth Conditional Caution PND  Refer to YOS for Triage Bailed for CPS advice

Charging

Regarding charging a person, Code 16C says:-

‘There is no power under PACE to detain a person and delay action…solely to await the arrival of the Appropriate Adult. After charge, bail cannot be refused, or release on bail delayed, simply because an Appropriate Adult is not available’

What happens next for the AA? As AA you will complete the PACE form

and hand it to the YOS (this is needed for statistical data)

Your role then finishes - although if the young person has no parent and is bailed to return, you could arrange with the YOS to go back as AA

YJB Secure Placements

Phone YJB Secure Placements, they have several beds all over the country. The problem is with this- is where they can accommodate the young person and is it practicable for the young person to attend there?

E.g. if the young person is bailed to the next day, how appropriate is it for them to travel to a bail bed in say Manchester which will take 3 hours only to have to beproduced at court the next day.

Bail Beds continued If the bail bed is nearby then you need to arrange for transport to collect the young person from the police station to the secure accommodation. You will need to phone Wrixon. They will also need to be booked to collect the young person from the secure accommodation and take them to court the next day

The police will need to give you a specific form which will go with the young person to the secure

accommodation

Getting home

Do NOT transport the young person home.

If you have concerns that they do not have the means/are too young to make their own way, inform the custody sergeant.

It is the police’s responsibility to ensure they get home safely.