Neath Port Talbot YOT

1. Neath Port Talbot YOT Appropriate Adult Training Claire Owen – Volunteer Co-ordinator

2. Introduction • Introduce yourself to the group • What type of volunteering have you done? • One interesting fact about yourself

3. Experiences Being an AA • Any Experiences of being an AA • Questions? • Any worries or concerns about being an AA?

4. Objectives • Explain the role of AA as defined in the PACE codes of practice • Identify the relevant personnel at the police station • Understand the boundaries of the AA role At the end of the training participants will be able to:

5. Objectives Continued… • Understand the rights and responsibilities of an Appropriate Adult • Communicate effectively with detained persons and relevant professionals within the police station • Work within the confidentiality procedures of an AA • Complete relevant monitoring forms

6. What is an Appropriate Adult? • Independent/impartial adult to safeguard the rights and civil liberties of a child or young person (10-16 years old) who is detained by police. • The role of the AA is not to ascertain guilt or otherwise of the young person who is detained. • The AA is there to ensure the young persons physical and emotional welfare is protected.

7. What is an AA cont….. • The AA is to ensure ‘police procedures are carried out correctly. That the young persons rights as identified by law are protected and to minimise the risk of the interview producing unreliable evidence’ • It does not matter if you know the young person, but it does matter if you have any details of the offence prior to acting as an appropriate adult – or if the young person tells you about the offence – You cannot act as an AA in this case.

8. The Appropriate Adult Under the Police and Criminal Evidence Act (PACE) 1984 an Appropriate Adult is Required if a Person is:

9. The Appropriate Adult • A Juvenile (aged 16 or under) • Mentally Disordered • Vulnerable Adult

10. In the Case of a Juvenile an Appropriate Adult is Defined as: • Parent or Guardian • In case of a looked after child, the care authority or voluntary organisation • A Social Worker • Failing any of the above, a responsible adult aged 18 or over who is not a police officer or employed by the police.

11. Group Exercise • Working in groups…. • What qualities do you need to be an AA? • What worries or concerns do you think a young person may have about the process of being in custody?

12. Exercise • Roles and Responsibilities of an AA

13. Sequence of Procedures at the police station • Arrested • Conveyed to the Police Station • Booked into custody • Fingerprinted/Photographed/DNA • Placed in a cell • Call made to the solicitor • Call made for Appropriate Adult • Interview • Decision • Disposal : Charged (bail or remand) Bail NFA Reprimand/final warning

14. The Appropriate Adult is Required at the following key stages in the process • When the young person is informed of his or her rights • During a strip or intimate search • During any interviews • At the point of case disposal • When the young person takes part in an identification procedure

15. Legal Advice Neath Port Talbot Youth Offending Team have a policy that we will NOT undertake Appropriate Adult duties unless a solicitor is present. The duty solicitor who attends the police station is called by the police but is not employed by them. Detainees can identify their own solicitor if they have one

16. Legal Advice The Appropriate Adult is not there to give legal advice The Appropriate Adult has the right to request legal representation for the detained person However the detained person cannot be made to speak to the legal representative

17. Who’s Who at the Police Station • Police Constable – Will often be the rank involved in the arrest and interview of detainees. • Detective Constable – Will sometimes be involved in the arrest and interview, likely in more serious cases or specific operations such as crackdowns on burglaries or robberies.

18. Who’s Who at the Police Station • Police Sergeant – Custody Sergeants have all achieved this rank. Very important liaison point for the Appropriate Adult. Personally responsible for the welfare of all those in the custody area. • Inspector – Undertakes detention time reviews. Should be a duty inspector available on each shift to deal with more serious concerns.

19. Who’s Who at the Police Station • Superintendent – May be called upon to give permission for certain identification to be taken where consent is withheld. • Civilian Security Workers – contract held by Securicor in Neath.

20. Other People at the Police Station • Forensic Medical Examiner or Health Care Professional – This is the doctor who the police will call when they believe that anyone is in need of some form of medical input. • Arrest Referral Workers – They visit the police station in relation to issues detainees may have around drugs or mental health.

21. Other People at the Police Station • Independent Custody Suite Visitor – These people are volunteers recruited and trained by the independent custody suite visitors scheme. Their role is to call randomly at police stations to ensure procedures are being followed. • Interpreters – Called by the police to assist for those with language needs. Appropriate Adults can request an interpreter as necessary.

22. On Arrival at the Police Station: • Confirm your identity as the Appropriate Adult • Once in custody suite, introduce yourself to the custody sergeant • Ask for a copy of the custody record • Ask if the young person has received the appropriate reviews e.g. Medical, food etc. • Establish name of solicitor (May vary) • Ask to speak to Young Person

23. When speaking to the Young Person: • Explain who you are and why you are there. (The young person has the right to see the AA alone, but should not discuss the offence.) • Check conditions of detention and welfare of young person and fitness for interview • Ensure the Custody Officer gives the young person his/her rights in your presence and that they understand

24. During the Interview: • At the beginning of the interview the young person is cautioned and you must ensure that he/she understands its implications. • On introduction, the interviewing officer will highlight everyone that is present in the room (You will be expected to say your name and that you are the appropriate adult.)

25. During the Interview Continued… The arresting officer will remind you that: • You are not expected to act simply as an observer, and the purpose of your presence is to: • Advise the person being questioned • Observe whether or not the interview is being conducted properly and fairly. • Facilitate communication with the person being interviewed. • Do you understand?: You should acknowledge that you do

26. During the Interview Continued… • You should, prevent oppressive or leading questions and intervene to clarify if questions are misunderstood. • You can ask for a break at any stage if you believe that the young person is becoming confused, tired or distraught. • It is best not to take notes during the interview • When the interview ends you will be asked to countersign the tape seals if you are satisfied they are a true record of the interview.

27. What should NOT happen in an interview • Inappropriate familiarity by the interviewing officer • Interviewer repeatedly interrupting detainee’s answers • Interview raising voice, shouting or using foul language • Interviewer standing during the interview • Excessive repetitive questions • Inappropriate questioning e.g. about unrelated matters • Detainee unable to understand questions • Detainee upset, confused or very agitated

28. After the Interview: • If the young person is charged, accompany him/her through the fingerprinting, photographs, and/or DNA testing. These can be taken without consent. • Check transport arrangements for the young person • Check and countersign any property return • Check/Confirm arrangements for return home • Do NOT take the young person home!

29. Maximum Waiting Times • Reception – 30 Minutes • Custody Suite – 30 Minutes • CPS/Disposal Decision – 45 Minutes • Average Length of visit – 3 hours Waiting Times Will Vary Depending on the severity of the Offence

30. The Disposal Decision • No Further Action • Police Reprimand • Final Warning • Bail to return (Explained below) • Charged / Released • Charged / Detained Bail Conditions • Curfew • Not to Contact Witness • Not to Consume Alcohol • Not to enter a certain area (e.g. Town Centre)

31. LUNCH BREAK !!!

32. NAAN - DVD

33. Exercise – The Criminal Justice System

34. Police Station AA Diversion • Crown Prosecution Service Diversion • Court: • Youth/Magistrates/Crown • Not Guilty Plea Guilty Plea • Trial Convicted • Acquitted Sentenced Psychiatric Services or Secure Accom • Fine Community Order • Discharge Custody • Referral Order (Youths)

35. Rights of the detainee and guidelines for detention • Rights: • To have someone informed of their arrest. • To free independent legal advice • To consult the Codes of Practice, setting out the powers, responsibilities and procedures of the police • NOTE: These are continuing rights, which may be exercised at any stage in the person’s custody period • Entitlements: • Reasonable standards of physical comfort, adequate food and drink, access to toilet and washing facilities, clothing, medical attention and exercise where practicable.

36. Limit of detention: • A person may be detained in police custody for up to 24 hours without charge, this is known as the ‘limit of detention’. • The period of time begins from the time the person arrives at the custody suite • This time can be extended to 36 hours but only in the most serious cases, and with the consent of the superintendent. • Review Times: • Reviews occur after the person has been in detention for no more than 6 hours, then again at 9 hours after the first review and again after 9 hours after the second review. • The review checks that there is a need for the person to remain in custody • That the investigation is taking place quickly and efficiently • That the person is aware of their rights etc. • Rest Periods: • PACE states that in any period of 24 hours detention a person is entitled to an uninterrupted rest period of 8 hours, usually at night. • Meals and Refreshments: • At least 2 light meals and 1 main meal must be offered in a 24 hours period. • Meals should be provided at regular meal times, or taking into account when the person last had a meal. • Drinks should be provided at meal times where practicable

37. Before leaving the Police Station • Complete PACE monitoring form and contact YOT / EDT to notify of outcome • Discuss any concerns or queries with appropriate YOT / EDT personnel NOTE– PACE forms are to be returned back to the Port Talbot YOT offices within 24 hours!

38. Rights and Responsibilities You have the right to: • Be treated with respect by police and solicitors • See the custody record • Speak to the young person before the interview • Intervene and comment in the interview • Carry out the role in a Healthy and Safe environment.

39. Rights and Responsibilities You should be: • Familiar with the PACE Codes of Practice • Aware of the roles of the Custody Officer, the interviewing officer and the solicitor • Confident in the role • Assertive • Non-Judgemental

40. Confidentiality Confidentiality and the Appropriate Adult Appropriate Adults need to make young people aware of the limits of confidentiality in their role at the outset. Due to the nature of the role and circumstances, confidentiality is rarely going to be appropriate as the majority of information relates to detention and is recorded.

41. DVD – Plymouth YOT

42. Paperwork • PACE Monitoring Form • Appropriate Adult Information Pack • Expenses • The AA Rota

43. Appropriate AdultQUIZ

44. Parameters Exercise

45. Objectives • Explain the role of AA as defined in the PACE codes of practice • Identify the relevant personnel at the police station • Understand the boundaries of the AA role At the end of the training participants will be able to:

46. Objectives Continued… • Understand the rights and responsibilities of an Appropriate Adult • Communicate effectively with detained persons and relevant professionals within the police station • Work within the confidentiality procedures of an AA • Complete relevant monitoring forms

47. Questions? • Please feel free to ask any questions you may have….. • PACE forms/Travel Expenses Forms • Certificates  • Evaluation Forms

48. End of Session Useful Websites: www.appropriateadult.org.uk www.police.homeoffice.gov.uk