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The Police

 

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If someone with a learning disability is suspected of an offence, it is a legal requirement under the Police and Criminal Evidence Act 1984 that they should have an Appropriate Adult with them throughout the interview process. This is because people with learning disabilities may be particularly prone in certain circumstances to provide information which is unreliable, misleading or self-incriminating.

An Appropriate Adult has to make sure that everything is done fairly and respects the rights of the person with learning disabilities. It is advisable that whoever takes on this role should have training.

Depending on the seriousness of the offence or charge, it may be appropriate to have a solicitor present or seek legal advice. The Appropriate Adult can request either of these at any time they feel it is necessary.

If the person or their family does not have a solicitor, arrangements should be made for someone to attend from the Duty Solicitor Scheme at that police station. Most local Social Services Offices have people who are trained to fulfil this role.


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Pages that link to this page: Adult Protection  /  The Law And Legal Issues  /  The Law And Legal Issues Including Voting

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