NCJ Number
218044
Journal
British Journal of Criminology Volume: 47 Issue: 2 Dated: March 2007 Pages: 234-255
Date Published
March 2007
Length
22 pages
Annotation
Drawing on the findings of a recent study, this paper discusses the nature of police interviews with youth in Northern Ireland.
Abstract
This article argues that the key role of the appropriate adult at a police interview of a youth is to provide a comforting presence that guides the youth through all procedures associated with their period in police custody. This article advises that the role of the appropriate adult is best performed by someone who is not emotionally or professionally linked to a public safety role or personal care for the child. The role of an appropriate adult is best performed by a volunteer trained in how to advise youth who are involved in procedures of police custody. The legal adviser for the youth, on the other hand, should have specialized legal knowledge regarding the rights of youth under the setting of police custody and interviewing. In recognition of the potential vulnerability of youth being interviewed while in police custody, Great Britain's Police and Criminal Evidence Act 1984 (PACE) mandates two safeguards. These are the right of access to legal advice for all suspects and the additional requirement of the attendance of an appropriate adult. Nearly 10 years after the introduction of these safeguards, the Royal Commission on Criminal Justice concluded that the current rules and procedures have not been providing the necessary advice and protection for the most vulnerable suspects. It recommended that there be a comprehensive review of the role and function of appropriate adults during police interviews with youth. This review was never conducted. Instead, the pressure on suspects intensified, with restrictions placed on the right of silence and the introduction of a caution warning suspects that their failure to answer questions might harm their defense at trial. 52 references