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Appropriate Adult Scheme in the UK - Essay Example

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Hodgson outlines that one problem facing the police' reporting is that there is a difference between the police' call that only four percent of the incarcerated juveniles and mentally incapacitated needed appropriate adults as compared to the other reporting group that says that there should have been around fifteen to twenty percent of the total jailed juveniles or mentally retarded that needed an appropriate adult to intervene with an on going police investigation…
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Appropriate Adult Scheme in the UK
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Appropriate Adult Scheme in the UK

Download file to see previous pages... In view of difficulties on the supply side and informed by the report of the Criminal Justice Review Group (2000) and fact finding visits to Derbyshire, Leicestershire and South Yorkshire, the Police Service of Northern Ireland has called for the establishment of an appropriate adult scheme. Such a scheme would help to protect the rights of vulnerable suspects
Due to the some isolated reports of possible or probable police brutality or force exerted to suspects to admit to a crime in the regions of Derbyshire, Leicestershire and South Yorkshire, The Police Service of Northern Ireland has mounted a big campaign for the training and getting of volunteers for the jobs as appropriate adult. They will act as witness and guardian of the accused minor or mentally retarded during the actual investigation or interrogation of the suspects.
The Police and Criminal Act of 1984 and other provisions of the Northern Ireland (PACE NI Order 1989) allows the police the powers to arrests, to search and detain, it is the codes of practice and other relevant provisions that should be studied that affects the detainee's loss of the detainee's freedom to travel. The greater concern in this issue is the protection of the rights to remain silent and to ask help of a lawyer to be given by the state if the detainee cannot pay for the lawyer. Due to the few lawyers the government has under its blanket, Appropriate adults are the next best thing to protect the detainees who are below eighteen years old and mentally unhealthy.

The minimum statutory requirement, according to the code and other related laws of United Kingdom, is for an Appropriate Adult to be the acting 'lawyer' of the detainee who is either less than eighteen years old or mentally unstable when the police officer starts the interrogation process. Regarding the below eighteen year old criteria, we can prove that the detainee is a minor through the identification card check. But to determine whether a detainee is mentally disturbed resulting to his unwanted and unknowing confession to a crime, a medical doctor has to issue a medical certificate certifying he or she is mentally retarded.

Right to remain silent

The law states that any evidence , according the very famous Miranda(forensic-evidence.com) case law of the United States, taken by the police while a witness is in custody in violation of the detainee's right to remain silent rule will not be accepted as evidence in a court proceedings. Any confession made must be done thru the advice of a lawyer to be admissible. Otherwise this confession will not be admitted as evidence in any court of law in Ireland. On the other side of the coin, If a witness willingly admits to ...Download file to see next pagesRead More
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