Role of the AppropriateAdult

Moira Healy MWC

Forensic Learning Disabilities Seminar

23 November 2011

Background• 1990 First AA service developed in Fife

• 1998 Sc Exec instructed every Police Force to have an AA service

• 2002 Sc Exec commissioned an evaluation of the service across Scotland

• 2005 Evaluation published ( Dr Lindsay Thomson and Dr Raj Darjee) 76 recommendations. Scottish Appropriate Adult Network reformed

• 2007 Guidance launched

• 2008 MWC report : Justice Denied

• 2009 National Standards developed

• 2011 National standards evaluated

National Standards• Structure of AA services

• Recruitment and selection

• Support, supervision, development and retention

• Training

• Service delivery

• AA in court

• Monitoring and evaluation

Role of an Appropriate Adult

• Appropriate Adults facilitate communication between the police and an adult ( person aged over 16) with a mental disorder during police procedures.

• The term ‘mental disorder’ includes learning disability, metal illness, acquired brain injury or dementia.

Facilitating Communication• Provide support and reassurance

• Help the person understand why they are being interviewed and the process they are about to undergo

• Help the person understand the questions being asked

• Assist the police to re phrase questions so they can be understood by the interviewee

• Advise the police if they think an interview should be stopped

• Be present when the person is undergoing forensic procedures eg finger printing, video ID parades, medical

AA’s must not…

• Advise the interviewee whether or how to answer any questions

• Object to any questions being asked

• Lead the interviewee in any way

• Withhold any information from the police divulged to him/her by the interviewee. This must be made clear to the interviewee at the outset

Who is the Appropriate Adult there for?

• Victims, Witnesses, Suspect or Accused

• If being questioned under caution, the AA must, as far as possible, check the person understands their right to remain silent at the beginning of the interview and throughout the process

• Process for an AA includes a pre-interview, interview and post interview. Possibly pre cognition and supporting or appearing as a witness to the interview in court

Who are AA’s?• Must have a sound understanding of and

experience in dealing with and communicating with people with a mental disorder ( National Guidance 2007)

• In addition have had special training for this role

• Must be independent of the police and the individual

• Family member/support worker/ translator/solicitor may also be present ,each having a different role.

Why are AA’s needed for people with a learning disability?

• May have difficulty understanding the caution

• May be unable or have difficulties reading, telling the time or recalling events in sequence

• May have memory problems

• May have difficulty understanding technical words or jargon and struggle to identify these areas of difficulty

• May make a false confession in order to end the interview

What is SAAN?

• A collective governing network which has an oversight of all AA activity across Scotland. Representation from:

• Scottish AA co-ordinators

• Scottish Government

• ACPOS

• ADSW

• Director of Judicial Studies

• COPFS

• MWC

Aims of SAAN• Develop National Standards and promote best

practice, recruitment, training and the resource of services

• To support member services in order to maximise their potential in meeting the needs of all AA service users

• Collate Annual Reports from across all services throughout the country

• June 2011 Evaluation of AA services funded by Scottish Government. 28 recommendations