Who may act as appropriate adult for a juvenile (PACE Code C para 1.7 and Notes 1B, 1F)
Kofi Mensah, aged 15, is arrested on suspicion of assaulting his father at the family home and is taken to a police station in England. His father, the alleged victim, is at the station and offers to act as appropriate adult. Kofi's mother cannot be contacted. Also present are the duty solicitor who has come to advise Kofi, a civilian detention officer employed by the police, and Kofi's 17-year-old brother.
Which of the following persons may properly act as Kofi's appropriate adult?
Choose one answer to see the reasoning.
Worked answer
Correct answer B: A social worker of the local authority.
THE RULE TO REMEMBER
A juvenile's appropriate adult may be a parent, a social worker or another adult over 18 independent of the police, but not the victim, a witness, a suspect or the detainee's solicitor.
Who may act as appropriate adult for a juvenile (PACE Code C para 1.7 and Notes 1B, 1F)
Code C para 1.7(a) lists who may be the appropriate adult for a juvenile: a parent or guardian (or a representative of a caring authority), a social worker of a local authority, or, failing these, some other responsible adult aged 18 or over who is not a police officer or employed by or working for the police. A parent is ordinarily the first choice, but Note 1B says that a person, including a parent, should not be an appropriate adult if they are the victim, a witness, suspected of involvement or have received admissions. Kofi's father is the alleged victim, so he is unsuitable. Note 1F adds that a solicitor present at the station in that capacity may not be the appropriate adult. A local authority social worker falls squarely within para 1.7(a)(ii) and is the proper choice here.
Why A is wrong: Note 1B provides that a parent who is the victim of the offence should not act as appropriate adult.
Why C is wrong: Note 1F states that a solicitor present at the station and acting in that capacity may not be the appropriate adult.
Why D is wrong: Para 1.7(a)(iii) excludes anyone employed by the police, whether or not they are a police officer.
Why E is wrong: Only a responsible adult aged 18 or over qualifies under para 1.7(a)(iii); the brother is 17.
A little more practice done.
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