What Are the Rights of Children and Vulnerable Adults at the Police Station?

Children and vulnerable adults have extra protections after arrest, including an appropriate adult, legal advice and safeguards during police questioning.

The police must take particular care when dealing with a child or someone who may be vulnerable. The purpose of these safeguards is to help protect their rights, welfare and ability to understand what is happening. Under PACE Code C, anyone who appears to be under 18 should be treated as a juvenile unless there is clear evidence that they are older. A person may also be treated as vulnerable depending on their individual circumstances.

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What Are the Rights of a Child at the Police Station?

A child under 18 who is detained at a police station has additional legal protections, including the right to legal advice, an appropriate adult and safeguards during police questioning.

Key rights include:

• Right to an appropriate adult: An appropriate adult should normally be present to safeguard the child's rights and welfare.
• Right to a solicitor: A child has the right to legal advice, including free legal advice under the applicable arrangements.
• Right to speak privately with a solicitor: The child can consult their solicitor privately.
• Right to legal representation during questioning: A solicitor can advise and represent the child during a police interview.
• Right to have someone informed: The police should normally allow a parent, guardian or another appropriate person to be informed.
• Right to medical attention: The child can ask for medical help if they are ill, injured or require medical attention.
• Right to understand what is happening: The police should explain the child's rights and what is happening in a way they can understand.
• Right to remain silent: A child has the right to remain silent, although there can be legal consequences in certain circumstances, so legal advice should be obtained before deciding how to respond.
• Right to an interpreter or communication assistance: Appropriate assistance should be provided where necessary to help the child understand and communicate.
• Right to fair treatment: Children have additional safeguards concerning their treatment, welfare and detention at the police station.

If a child has been arrested or asked to attend a police station, obtaining legal advice as early as possible can help protect their rights and ensure the appropriate safeguards are followed.

What Are the Rights of Vulnerable Adults at the Police Station?

A vulnerable adult detained at a police station has additional legal protections, including access to legal advice and, where required, an appropriate adult to help safeguard their rights, welfare and ability to understand what is happening.

Key protections include:

• Right to an appropriate adult: Where required, an appropriate adult should be present to safeguard the person's rights and welfare.
• Right to a solicitor: A vulnerable adult can ask for legal advice, including free legal advice under the applicable arrangements.
• Right to speak privately with a solicitor: The person can consult their solicitor privately and receive independent legal advice.
• Right to legal advice before an interview: A solicitor can advise the person before police questioning and attend the interview where appropriate.
• Right to understand what is happening: The police should take reasonable steps to ensure the person understands their rights, the reason for their detention and what is happening.
• Right to communication assistance: Where necessary, appropriate assistance should be provided to help the person understand and communicate.
• Right to medical attention: A vulnerable adult can request medical help if they are ill, injured or require medical attention.
• Right to remain silent: They have the right to remain silent, although there can be legal consequences in certain circumstances, so legal advice should be obtained before deciding how to respond.
• Right to have someone informed: Subject to the applicable rules, the police can be asked to inform a relative, friend or another appropriate person.
• Right to fair treatment: Vulnerable people have additional safeguards concerning their treatment, welfare and questioning in police custody.

If you are concerned that a person is vulnerable, tell the custody officer and ask for legal advice as soon as possible.

What Is an Appropriate Adult?

An appropriate adult is someone whose role is to safeguard the rights, welfare and interests of a child or vulnerable person during their dealings with the police.

An appropriate adult may:

• Support and assist the child or vulnerable person.
• Help them understand what is happening.
• Observe whether the police are acting properly and fairly.
• Help them communicate with the police.
• Help ensure their rights are protected.
• Consider whether legal advice should be obtained.

The appropriate adult is not a replacement for a solicitor. Their role is different from that of the legal representative.

Who Can Be an Appropriate Adult for a Child?

For a child, an appropriate adult may be a parent, guardian, social worker or another responsible adult who meets the relevant requirements.

Depending on the circumstances, an appropriate adult may include:

• A parent or guardian.
• A social worker.
• A representative of an organisation responsible for the child.
• Another responsible adult aged 18 or over who is independent of the police.

Someone involved in the alleged offence or investigation should not normally act as the appropriate adult.

Who Can Be an Appropriate Adult for a Vulnerable Adult?

For a vulnerable adult, an appropriate adult may be a relative, guardian, carer, or another responsible adult who meets the requirements and, where required, is independent of the police.

The appropriate adult should be suitable to support the individual and help protect their rights.

The police must consider the person's individual circumstances when deciding whether they may be vulnerable.

Who Is Considered a Vulnerable Person?

A person may be considered vulnerable if their circumstances affect their ability to understand, communicate or participate effectively in the police process.

Vulnerability is considered on an individual basis.

It may involve factors relating to:

• Mental health.
• Mental disorder.
• Cognitive or intellectual difficulties.
• Communication difficulties.
• Learning difficulties.
• Physical or other circumstances affecting the person's ability to understand or communicate.
• The particular circumstances of the investigation.

Importantly, a person does not necessarily need to have a known mental health condition to be considered vulnerable. Police must consider the individual's circumstances.

Does a Child Need an Appropriate Adult at the Police Station?

Yes. Children generally require an appropriate adult when dealing with the police, including during relevant police interviews and procedures, subject to limited exceptions under the applicable rules.

The appropriate adult should help safeguard the child's rights and welfare.

GOV.UK guidance explains that some procedures cannot take place without an appropriate adult except in limited circumstances, including police interviews.

Does a Vulnerable Adult Need an Appropriate Adult?

A vulnerable adult may require an appropriate adult where the police consider them vulnerable under the applicable rules. The appropriate adult helps protect their rights, welfare and ability to understand the police process.

The police should assess vulnerability on an individual basis.

If there is uncertainty about whether someone is vulnerable, tell the custody officer and solicitor about the person's circumstances as early as possible.

Can a Child Have a Solicitor?

Yes. A child has the right to legal advice at the police station, and free independent legal advice is available under the applicable arrangements.

A solicitor can:

• Speak privately with the child.
• Explain the allegation.
• Explain the police interview process.
• Review information disclosed by the police.
• Advise about answering questions.
• Attend the police interview.
• Make appropriate representations.
• Help protect the child's legal rights.

The appropriate adult and solicitor have different roles and may both be involved.

PACE Code C provides that children and vulnerable people have access to legal advice, and an appropriate adult can request legal advice on their behalf where appropriate.

Can an Appropriate Adult Ask for a Solicitor?

Yes. If a child or vulnerable person does not want legal advice, the appropriate adult can ask for a solicitor where they consider this would be in the person's best interests.

This is an important safeguard because a child or vulnerable person may not fully understand the consequences of refusing legal advice.

PACE Code C specifically provides for an appropriate adult to request legal advice in these circumstances.

Can a Child Speak to a Solicitor Privately?

Yes. A child should have the opportunity to speak privately with their solicitor, including without the appropriate adult present if they want to do so.

The appropriate adult is there to safeguard the child's rights, but they do not have the same legal role as a solicitor.

PACE Code C recognises the detainee's opportunity to consult privately with a solicitor when an appropriate adult is involved.

Can a Vulnerable Adult Speak to a Solicitor Privately?

Yes. A vulnerable person should have the opportunity to consult privately with a solicitor, including where an appropriate adult is present.

Legal advice is confidential and separate from the support provided by an appropriate adult.

If the vulnerable person needs help communicating or understanding information, the solicitor and appropriate adult can help ensure the person understands the process.

Can a Child Be Interviewed Without an Appropriate Adult?

Generally, a child should not be interviewed without an appropriate adult, although limited exceptions can apply in specific circumstances.

PACE Code C provides additional safeguards around the questioning of children and vulnerable people. In most circumstances, the interview should wait until the appropriate adult is available.

If the police want to proceed without an appropriate adult, legal advice should be obtained immediately.

Can a Vulnerable Adult Be Interviewed Without an Appropriate Adult?

Generally, a vulnerable person should not be interviewed without an appropriate adult, subject to limited exceptions under the applicable rules.

The purpose of the safeguard is to help ensure that the person understands the process and that their rights are protected.

If the police propose interviewing a vulnerable person without an appropriate adult, the circumstances should be carefully considered by the solicitor and appropriate adult.

Does an Appropriate Adult Replace a Solicitor?

No. An appropriate adult does not replace a solicitor. The appropriate adult protects the person's welfare and rights, while the solicitor provides independent legal advice and representation.

Their roles are different:

Solicitor

• Provides legal advice.
• Advises about the police interview.
• Advises about the evidence disclosed.
• Advises about answering questions or remaining silent.
• Represents the suspect during the interview.

Appropriate adult

• Supports the child or vulnerable person.
• Helps them understand what is happening.
• Helps safeguard their rights and welfare.
• Observes whether the police are acting properly and fairly.
• Helps them communicate with the police.

Both may be important during a police investigation.

Can a Child Say No Comment in a Police Interview?

A child has the right to remain silent, but the decision about whether to answer questions or say “no comment” should be made with appropriate legal advice.

The police caution applies to children as well, and there can be legal consequences to failing to mention facts that are later relied upon in a defence.

The appropriate adult should help the child understand what is happening, while the solicitor provides legal advice about the interview.

Can a Vulnerable Adult Say No Comment?

A vulnerable adult has the right to remain silent, but should obtain legal advice before deciding whether to answer questions or give a no-comment interview.

The solicitor should consider:

• The allegation.
• The evidence disclosed.
• The person's account.
• Their ability to understand the questions.
• Any potential defence.
• The possible consequences of remaining silent.

The appropriate adult can also help the person understand the process and safeguard their rights.

What Happens If a Child Is Arrested at Night?

If a child is arrested, the police must continue to apply the relevant safeguards concerning their welfare, appropriate adult and legal advice, regardless of the time of day.

The police may need to contact an appropriate adult and arrange legal advice.

If the child has specific welfare, health or communication needs, these should be brought to the attention of the custody officer.

Can the Police Keep a Child in Custody?

Yes, a child can be detained by the police where the legal requirements for detention are met, but additional safeguards apply to children in custody.

The police should deal with children expeditiously and release them when the need for detention no longer applies.

Additional protections can also apply to the child's accommodation, welfare and separation from adult detainees. PACE Code C includes specific provisions concerning children detained at police stations.

What If a Child Is Ill or Injured?

A child who is ill or injured should receive appropriate medical attention while in police custody. Any medical or welfare concerns should be reported to the custody officer immediately.

PACE Code C requires appropriate access to medical attention and provides specific safeguards concerning the health and welfare needs of detainees.

If you are concerned about a child's health, tell both the custody staff and solicitor.

What If a Vulnerable Person Has Mental Health Difficulties?

If a person may be vulnerable because of mental health difficulties or another condition affecting their ability to understand or communicate, the police should consider this when dealing with them.

The custody officer should consider the person's individual circumstances and whether an appropriate adult is required.

Where someone appears to require urgent medical attention, appropriate clinical attention should be obtained.

Legal advice can also be important in ensuring that the person's rights are protected.

What If the Police Do Not Provide an Appropriate Adult?

If you believe a child or vulnerable person should have an appropriate adult but one has not been provided, ask the custody officer for clarification and request legal advice immediately.

The appropriate adult is an important safeguard during police detention and questioning.

A solicitor can raise concerns with the police and advise on whether the interview or other procedure should proceed.

Can Moeen & Co. Solicitors Help Children and Vulnerable Adults?

Yes. Moeen & Co. Solicitors provides criminal defence advice and representation for children and vulnerable adults dealing with police investigations and criminal allegations in London.

Our criminal defence solicitors can assist with:

• Arrests involving children.
• Police station representation.
• Police interviews.
• Voluntary interviews.
• Appropriate adult issues.
• Vulnerable suspects.
• Advice about remaining silent.
• Criminal investigations.
• Police bail.
• Magistrates' Court proceedings.
• Crown Court proceedings.

Where a child or vulnerable adult is involved, obtaining legal advice early can help ensure that the appropriate safeguards are understood and respected.

Need Criminal Defence Advice for a Child or Vulnerable Adult?

If a child or vulnerable adult has been arrested, detained or asked to attend a police interview, contact Moeen & Co. Solicitors on 0203 959 7755 for criminal defence advice and representation.