Recognition of vulnerability
PACE Code C requires custody officers to identify vulnerability on arrival at the police station. If you or someone you care for has a mental health condition, learning disability, or other vulnerability, this must be recorded and additional safeguards applied immediately.
The appropriate adult requirement
Where a detainee is identified as mentally vulnerable, an appropriate adult must be called. No interview can take place until they are present. The appropriate adult attends not just as an observer but to assist communication, ensure the process is fair, and to raise concerns on your behalf.
Section 136 Mental Health Act
- Police can use s.136 to remove a person from a public place to a place of safety
- The place of safety should be a hospital, not a police station
- You must be assessed by a mental health professional and Approved Mental Health Professional
- A solicitor can attend and advise during this process
How we help
- Immediate attendance at the police station on notification
- Ensuring vulnerability is properly recorded by the custody sergeant
- Challenging any interview that proceeds without proper safeguards
- Liaising with appropriate adults, mental health professionals, and social services
- Advising on fitness to be interviewed and fitness to plead
Frequently asked questions
Where a detainee has a mental health condition or learning disability, PACE Code C requires an appropriate adult to be present during any interview. They must be a person with mental health expertise — not just any adult. We ensure appropriate adults are present and that their role is properly fulfilled.
Only if they are assessed as fit to be interviewed. A forensic medical examiner (FME) must assess the detainee’s fitness to be detained and fitness for interview. We request these assessments where there is any doubt and challenge any decision to proceed where the detainee is not fit.
Yes. Mental health can be relevant to a number of defences, including insanity, diminished responsibility (in murder cases), and lack of intent. It is also highly relevant to sentencing and may result in a hospital order rather than a custodial sentence. We work with psychiatric experts to build these arguments.
Many police forces and courts operate mental health diversion schemes that can redirect a person with a mental health condition away from the criminal justice system and into treatment. We advise on eligibility for diversion at the earliest opportunity.