If you are under 18, or an adult who is vulnerable because of a mental health condition, learning disability, autism or similar, the law gives you extra protection at the police station. The centrepiece is the appropriate adult.

Who counts

  • Anyone under 18 is treated as a child (a "juvenile") for these purposes, including 17-year-olds.
  • An adult is vulnerable if, because of a mental health condition or mental disorder, they may have difficulty understanding or communicating, may not appreciate the significance of what is said to them or of their answers, or may be particularly prone to becoming confused, giving unreliable or misleading information, or agreeing with suggestions without meaning to. If there is any reason to suspect this, the police must treat the person as vulnerable: no diagnosis is required.

Telling someone you have been arrested

The custody officer must find out who is responsible for your welfare if you are under 18 (a parent, guardian, carer or the local authority) and tell them as soon as practicable that you have been arrested, why, and where you are. For vulnerable adults, the usual right to have someone informed applies, and the custody officer should also consider whether a carer needs to be contacted.

The appropriate adult

An appropriate adult is someone whose job is to support you, make sure you understand what is happening, and check that the police are treating you fairly. They are not your lawyer, and you should have a solicitor as well. An appropriate adult can be:

  • Your parent, guardian or carer.
  • A social worker, or for vulnerable adults a mental health professional or carer.
  • Another responsible adult aged 18 or over who is not connected to the police.
  • A trained volunteer from a local appropriate adult scheme. The National Appropriate Adult Network coordinates these across England and Wales, and the local authority must provide one for children where no family member is suitable.

Someone cannot act as appropriate adult if they are a suspect, a victim or witness in the case, involved in the investigation, or have received an admission from you before acting.

What the appropriate adult must be present for

  • When you are told your rights and given the written notice of them. The rights must be explained again in their presence.
  • Any interview. You should not be interviewed without them, except in a genuine emergency authorised by a superintendent.
  • Any strip search or intimate search (unless you ask for them not to be, and they agree).
  • When you are charged, cautioned, or given an out-of-court disposal such as a youth caution.
  • Identification procedures and the taking of samples.

They can speak to you privately, ask for a solicitor on your behalf, and object during interview if questions are unfair.

Other protections for under-18s

  • You must not be placed in a cell unless there is no other secure accommodation and the custody officer considers it is not practicable to supervise you otherwise, or a cell is more comfortable than the alternative. You must never be held with adults.
  • If you are charged and bail is refused, you must be transferred to local authority accommodation unless it is impracticable or, for 12 to 17-year-olds, no secure accommodation is available and keeping you in police custody is necessary to protect the public.
  • Youth cautions and youth conditional cautions replace adult cautions, and must be given with an appropriate adult present.
  • Any trial will normally be in the youth court, which is less formal and closed to the public.

Other protections for vulnerable adults

  • A healthcare professional should assess you if there is any concern about your health, and the custody officer should consider reasonable adjustments (quieter cell, lighting, more frequent checks, allowing comfort items).
  • Police stations should not be used as a place of safety under the Mental Health Act except in exceptional circumstances for adults, and never for children.
  • You are entitled to reasonable adjustments under the Equality Act 2010.

If these rules were not followed

An interview conducted without an appropriate adult when one was required can be excluded as evidence. Tell your solicitor, and keep the custody record, which should show when the appropriate adult was called and arrived. A complaint to the force is also open to you or your family.

This is general information for England and Wales, not legal advice. If you have been arrested or charged, speak to a solicitor: advice at the police station is free for everyone.