Presentation on theme: "Redbridge YOS Appropriate Adult Training for Volunteers"— Presentation transcript:
1Redbridge YOS Appropriate Adult Training for Volunteers
2Objectives Understand the Role of police when yp are arrested Understand the Role of AA when called to the police stationUnderstand Redbridge YOS/police Appropriate Adult protocolOverhead 2 – objectives of the dayMy backgroundI was recruited onto the YOT as second police officer I Oct 2000, and part of my role was to set up a volunteer appropriate adult scheme. I ran the scheme for over four years until Dec 04. I was part of the National Appropriate Adult Network- NAAN- a charity set up to oversee AA schemes. I was on the working party to look into training and helped write a National Training Package which was rolled out nationwide. This was a five day training programme, designed to be either taught in its entirety or to be adapted to suit.I obviously haven't run the scheme for over five years, but Hannah asked me to do this training, so although I agreed I asked her to do it with me as some of my information maybe a bit out dates. I have also asked Andy and Kam to join us as they have had more recent dealings with arrests and custody procedures.We will start by talking about Redbridge Police so I am going to hand over to Andy OVER HEADS 3 – 7
3Who are the Police in Redbridge? The police use the Phonetic Alphabet, each station has a call signJI (JULIET INDIA) = Ilford police stationJB= (JULIET BRAVO) = Barkingside police stationJN (JULIET NOVEMBER) =WansteadJF (JULIET FOXTROT) =WoodfordOfficers have ranks, and are known by numbers and call signsCustody Officers are Sgts, but the person who does the Reviews is an Inspector. The ERO- the evidence review officer is normally a DS
4Ilford Police Station 274-290 High Road Ilford IG1 1GT Custody tel:- /30We will give hand outs at the end, so you don’t need to write down any notes
5Custody OfficesIlford 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 wellOften prisoners from surrounding Stations will bring prisoners to Ilford if their custody is full. If this is the case we are still responsible for providing the AA. We should not however go to other stations outside the Borough to act if one of our yp are arrested and taken there. If they are looked after then Children’s services should deal
6Process when police arrest a person Evidence of an offenceGrounds to arrestArrestTo police station ASAPBooked inInterviewedDisposal
7Sexual offences investigators 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 radioE.g.Dog handlersTraffic carsHelicopterMounted branchCidRobbery squadFraud squadSerious crime squadSexual offences investigatorsTerritorial supportAny questions re role of the police?The important thing to note is that the police have a lot of powers. They have powers to arrest people and to detain people, however they must not misuse these powers. As regards to the detention, treatment and questioning of persons by police officers this is mainly dealt with under The Police and Criminal Evidence Act There is a codes of practice that applied to people in police detention. We will look at this in more detail, but Now we will look at the role of the Appropriate Adult
8Appropriate 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’
9“Appropriate Adult” Means: The parent, guardian, or if the juvenile is in local authority …a person representing that authority or organisationA social worker of a local authorityFailing 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 1.7The volunteers come under the third point. In the past, before Yots were set up, police would ask people producing their documents at the front counter to be AA, or the cleaner –if they were employed by an outside company……The person who acts as Appropriate Adult….must be ‘appropriate’….i.e. not an older brother or sister or friend etc who has previous convictionsAlso as stated, Police officers/PCSOs, Police Staff etc cannot act as appropriate adults.Our Johnny is Care of LA, who would normally be the best person to call to the station?Parents – although some of the members of NAAN would argue this, stating that parents have no idea and that a trained volunteer should always go. I personally would nt like someoe`
10Legal RequirementsThe 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 attendPACE means that the police must get an AA for yp under 17explain why this is now the law- i.e. years ago (like in Life on Mars) – DI Gene Hunt, would have people in custody for days on end….no food- messy cell, no clean clothes….didn’t always happen like this but PACE came in to safeguard anything like this happening. Also as regards young and vulnerable people to help them understand why they are in police custody and ensure they do not make any false confessions or a coerced into making confessions.The codes of practice, which we are going to look at later, lay down guidelines, -for people in custodyUnder Crime and Disorder Act the YOS have a statutory duty to provide an AA on their Borough, if no parent can attend the police station. But there is no statutory duty in respect of vulnerable adults… which does cause some problem because it almost implies that the Community Care team don’t have to go.. My argument is, that it is their responsibility. If an Approved Social Worker is required because a prisoner may be sectioned or there are real concerns around mental health then they seem to be more accommodating.
11Who requires an Appropriate Adult? Whether arrested or at Court, the following will require an Appropriate Adult:Any Young Person aged 16 years or underAny adult over 16 who is vulnerable17 year-olds are offered the service but can turn it downIf anyone appears to be under 17 they shall be treated as a juvenile for the purposes of the detention- Code C Para 1.5Now we will look at the role of the Appropriate AdultAsk who has never been to the police station to act as AAIf you have then some of this may seem like I am teaching you to suck eggs. But it is an important role, so its important you understand what you can do when you are called to the police stationAsk then if they were called out of the blue to go to the police station to act for a friends son or daughter what would they do- say I phone you ….role play this. What are you going to do?Role of appropriate adult OVERHEAD 8For you to understand the role I will give you a Scenario slide 9
12Who should act as AA? the young persons parents or carers. The best person to act as Appropriate Adult isthe young persons parents or carers.The police should make enquiries to get the yp parentsor carers first before calling the YOS for an AAObviously Parents are the best people- and they should be there for a number of reasons- Childrens Act- Crime and Disorder Act etc makes parents more responsible for the actions of their child. Obviously if the parent is a co defendant then they cannot be that yps AA.Sometimes the police have a phone number of the parent but for whatever reason cant get hold of them. If you go down then to act as AA, then get hold of the phone number and keep trying, if you can then get the parent down there, all the better. They can take over and you can go
13The Custody OfficerThe 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
14PACE 1984The 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)There is no getting away from it, the yp has to have an AA whether they like it or not.We have had cases where for whatever reasons the yp doesn’t want a particular parent to be called….often the father….no problem- get the mother down there. We had a case recently referred for Triage where a girl got her older sister down and never told her parents. When she came in to Mpower and they found out that the parents hadn't been informed I told them that as the girl was only 15, we had a duty to tell the parent. She was the persuaded to
15This is different from the young person’s right to have someone informed of his/her arrest. The role of the AA is different from the right to have someone informed of the persons arrestYou arrive at the police station.Role playAsk another volunteer. Similar situation to first volunteerAsk volunteer- what would you do when you arrive at the police station. Talk this through.. It is not rocket science and a lot of it is common sense
16Scenario- 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..Residential Burglary, Young person Johnny- arrested having seen carrying a video recorder at 4am coming out of rear alley behind residential houses. Burglary is an offence under S9 Theft Act 1968, Power of arrest for burglary is under S24 PACE Police arrest and take to station, where it is found that Johnny is 16 yrs, he is in Care of LBR an appropriate adult is called.
17JohnnyWe know that Johnny needs to have an Appropriate Adult. Who is the best person to be this? Ask –then show Slide 11, 12 and 13- as regards to who should act as AA
18The justice processThe 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…..
19The Role of the AAUnder 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 properlyAppropriate Adult’s role is to support the yp in custody and safeguard their welfare.
20At the police stationThe 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
21In the old days…..In the ‘old days’ pre PACE, occasionally people who were young or vulnerable would confess to something they didn’t do- maybe because they were pressured by the police to do so.Therefore the Role of AA was bought in to protect prisoners, to stop this sort of thing happening. So the role is very important. If the court found out that a person had made a confession without an appropriate adult, then they have the power to rule it as inadmissible. The police wouldn’t want this, as it would blow their case, and also we wouldn’t want the person to go to court for making a false admission in the first place.
22Police call YOS for AABefore 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
23Cases Volunteers will not deal with MurderManslaughterRapeSerious assaults
24YOU 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
25When you are called to the Police Station At police station phone custody or tell station officer youhave arrived Someone will take you to custody suite Introduce yourself and speak to custody officer or officerin case to find out what is happening Check custody record Start to fill in pace form Introduce yourself to Johnny- who will be in aDetention room rather than a cellwhat to do when you are called to police stationIntroduce yourself to Custody officer and officer in case, check the custody record/Nspis start filling out the PACE form. Introduce yourself to young person who will be in a detention room. Explain who you are, that you do not work for the police and that you are there to safeguard their welfare while at the police station.
26On arrival at Custody Suite Explain the caged area….Show photos of custody area slide 16 and 17- explain what these slides are, and how yp will be brought into the custody area, i.e. through the cage, wait in the inner cage until called to sgt.
28Detention RoomsProbably the young person will be in the detention room when you arrive. You will check the custody records, have the conversations with the police before speaking to Johnny, normally in the detention room.Discuss why these are different from cells.- detention rooms are just off the main custody area so that police are able to keep closer eye on the yp because they are considered vulnerable
29Speaking 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 arrestedExplain what is going to happenTell Johnny you will be at the police station throughout his stay(if you have to leave makesure you let him know)The most important thing is…..speaking to yp and not hearing confessions-why do you think this is?You could be called as a witness if they confess to you and then refuse to tell the police
30What will AA have to do?Johnny will have his rights read again in yourpresenceYou will attend the interview when officers readyYou will complete a PACE form for the YOSYou will be present at charge or bail etcYou may be present for fingerprints etcThe yp would have already had his or her rights read on arrival, but when the AA arrives they must have them read again in your presence….you then sign to that factWith fingerprints, there has been a recent act of parliament which has meant the police can take fingerprints and DNA on anyone who enters the custody area, even if they are later found to be innocent. There is a new system called Livescan which can have results back in about 20mins, so the fingerprints are normally taken as soon as the person arrives to check who they areThe PACE form is what we use to collect stats etc. You need to take one of these with you
31Rights 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 phoneConsult the Codes of PracticeBack to the scenario of Johnny.Under PACE his rights are ….He has a right to consult the codes of practice
32PACE Codes of Practice-Code C Guidance 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 8.1Access to toilet and washing facilities must be provided-Code 8.4At least two light meals and one main meal should be offered within any 24 hours-Code 8.6Meals 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 8BThe codes of practice….show book -Although it is guidance, it is used as mandatory practice.Ask the yp if they have had something to eat/drink etc.Most of this you can do without any training. Up until now, the only new information you probably have had is not to hear any confessions
33Rights…Under PACE the young person has a right to consult privately with the Appropriate Adult at any time(para. 3.12)
34SolicitorsPACE 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)Resume for 2nd session. Give out Codes sections 4,5,6, which specifically look at legal advice. Either go through this in one group or split into twos and look at the sections.Allow ten minutes for this and bring back together
35Guidance 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…..
36NAAN GuidanceYoung person 15yrs and under, over-rule them and call a solicitor –ensure custody officer marks it up on custody record. Record it on PACE formTry to persuade the young person to speak to the solicitor when he/she arrivesConsider whether they are looked-afterRemember that you as AA do not have legal privilege, You are not there to give legal advice- even if yp wants you to go in and see solicitor – say no. This is not your role, only in very exceptional circumstances would you do this even though a parent would.
37YP 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 chargedEventually you persuade Johnny that it is in his best interests and call a solicitor –The next step is for Johnny to be interviewed.You will have to wait for the police officers to write up their notes before this happens so it could be a while depending on the extent of notes the officers have to write up. There is a date stamp machine in the custody where the police must get their notes stamped with the time they were made – this is due to miscarriages of justice in the past where it was proved notes were made up a long time after the event whereby they could not have been fresh in the officer’s mind.Explain to yp that you will have to wait for the officers to complete their notes.All detained persons are interviewed if it is a recordable offence –cases like drunk and disorderly or drink drive –detained persons are not interviewedIf as above the yp is 16 and over and does not wish to have a solicitor for whatever reason, fully record this on the pace form….possibly getting them to sign to that fact
38The Solicitor arrivesWhen 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.
39As AA you will be with Johnny throughout the interview process Picture of the interview roomYoung person is signed out on the custody record/Nspis by the officer in the case and you all go to an interview room. Normally the young person will sit furthest from the door, the solicitor will set next to them, and the officers will sit opposite. You can sit anywhere that is appropriate but normally within eye contact of the young person.The officers will want to speak to Johnny about the burglary. The interview will be tape recorded.
40Police InterviewsBefore the interview begins the police officer must;-Identify himself and other officers present by nameand rankCaution JohnnyPut to Johnny any significant statement or silencewhich occurred before his arrival at the policestationCriminal Justice and Public Order Act 1994What happens before the interview beginsAt this stage you will need to introduce yourself for the benefit of the tape-just say your name and that you are from Redbridge YOS
41AA’s role in Police interview Code says:’‘If an Appropriate Adult is present at an interview, they shall be informed;They are not expected to act simply as an observerThe purpose of their presence is to;Advise the person being interviewedObserve whether the interview is being conduced properly and fairlyFacilitate communication with the person being interviewed’Role of AA in police interview The officers must always caution the young person before asking any questions
42Caution…“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”You will not need to know the law re cautioning, but there are rules that the police have which I will go through although it will not affect your roleJohnny is interviewed and refuses to answer any questions
43In the past I have had volunteers report back about all sorts that have happened in the Interview Room…Yp breaking down and crying…in which case you can call for a break. Young person acting as if they are mentally unstable, despite being actually absolutely fine when the AA has spoken to them…..this will not help them, take them to one side and tell them this
44Effect 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”The right to silence is something that is covered in the Criminal justice and Public Order Act 1994If Johnny refuses to comment then there is nothing you can do –his solicitor will have advised him to do this.However if he has been caught carrying a video recorder and cannot answer for why because he refuses to answer the police questions, if he is charged then the court will be able to draw its own conclusions as to why .
45Consequences???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 thisS34 Criminal Justice and Public Order Act 1994 Other consequences could be that the young person is charged when they could have received a reprimand or final warning-or Triaged
46After the interview the police will decide on what will happen next InterviewsAfter the interview the police will decide on what will happen next
47 Disposal options Charge and bail to court Charge and remand to local authoritysecure accommodation Charge and remand in custody to court Police bail to return NFAYouth CautionYouth Conditional CautionPND Refer to YOS for TriageBailed for CPS adviceDisposal -In this case several things may happen.Firstly the police must have evidence of an offence before they can charge Johnny. It may be that when they found the house nearby and saw that it looked as if it had been burgled but they could not contact the home owner.Possibly the owner was away-they would have made enquiries into where the owner was and if that made no success they would have called a boarding up service and left a note for the owner to contact police.Therefore at this stage in the investigation there is insufficient evidence to charge –without a loser’s statement or witness statements.Johnny will be bailed so that the officers can investigate further and to obtain a losers statement. Also the police will need to get evidence that the jemmy marks on the window match that of the screwdriver and also if there are any fingerprints inside the house.Johnny will be given police bail to come back in a number of weeks time by which time the police should either have the additional evidence or not.If you are called back at that time the chances are he will be interviewed again about this offence.There are several disposal options the police have regarding young people under 18ys
48Charging 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’If Johnny is going to be kept in custody you should arrange for local authority secure accommodationThere is no Local Authority Secure Accommodation in Redbridge.
49What 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
50YJB Secure PlacementsPhone 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 be produced at court the next day.
51Bail 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
52Getting 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.