Arrests and Police Custody: Vulnerable Adults

The Home Office sets the statutory framework for the treatment of vulnerable adults through the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice.

PACE Code C requires police to identify whether people brought into police custody are vulnerable and provide additional safeguards if so. Where there is any doubt, officers must treat the person as vulnerable and make reasonable enquiries to confirm this.

Vulnerable adults must be supported by an appropriate adult, independent of the police, whose role is to safeguard their rights and welfare, assist communication, and ensure fair treatment. Except in exceptional circumstances, the appropriate adult must be present for key procedures, including:

• Reading and explaining rights and entitlements
• Interviews under caution
• Taking of forensic samples
• Searches involving exposure of intimate parts

Custody officers must also ensure that detainees receive clinical attention as soon as practicable if they appear to require it, including where they show signs of mental disorder. Where the detainee is vulnerable, the appropriate adult should be involved in discussions about health and welfare needs.

Before releasing a detainee from custody, the custody officers must assess any ongoing risks with regard to health, mental state and vulnerability and ensure that appropriate support or referrals are in place.