People with learning disabilities experience of being interviewed by the police

1
People with learning disabilities experience of
being interviewed by the police
2
Police Criminal Evidence Act 1984.

• a juvenile or a person who is mentally
  disordered or mentally handicapped, whether
  suspected or not, must not be interviewed or
  asked to provide or sign a written statement in
  the absence of an appropriate adult

3
Appropriate Adults role

• Prevent false confessions/ unsafe prosecutions
• Provide advice to detainee
• Ensure police interview is conducted fairly
• Facilitate communication between officers
  detainee
• Present during informing of rights, interviewing,
  identification processes and charging

4
Cont

• Expected to be active and act as advocate
• Check person understands police questions
• Detainee can consult with AA privately at any
  time
• Ensure person knows reason for detention
• Ensure they understand rights procedures
• Can inspect custody record
• Can request solicitor on behalf of detainee

5
Who?

• A relative, guardian or other person responsible
  for his/her care, or
• Someone who has experience of dealing with
  mentally disordered or mentally handicapped
  people but who is not a police officer or
  employed by the police, or
• Failing either of the above, some other
  responsible adult aged over 18

6
Previous studies

• 2 in custody, record presence of AA for
  vulnerable adults (Bucke Brown,
  1997)(underestimate of need)
• Pearce Gudjonsson (2000) 4.3 of total deemed
  by to be vulnerable but only 40 of these had AA.
• Bucke Browne found level of instruction given
  to AA was limited. 29 of relatives given
  adequate instruction compared to just 4 of
  social workers

7
Who acts as AA ?

• Pearce Gudjonsson (2000) 43.6 sw, 21.3
  parent/relative, 9.1 volunteer and 26 other.
• Nemitz Bean (1997) evaluation of volunteer
  scheme suggested that non-authority figures
  should act as AA (however, service users not
  interviewed)
• Studies focus on factors influencing testimony in
  interviewees with LD eg suggestibility,
  acquiescence, compliance
• No studies exploring experience of people with LD

8
The Study

• Sample of 15 most recent referrals to forensic
  team (13 men, 2 women)
• Offences arson, assault, sexual assault, drug
  offences, theft manslaughter
• Semi structured interview
• Questions related to circumstances of arrest,
  police interview, whether AA was present, type of
  help given, understanding of AA role and who they
  would like to act as AA
• Interviews audio-taped and content analysed for
  themes

9
The Findings

• Presence of AA in 11/15 cases
• Significant group did not have AA present during
  police interview ie 26
• Understanding of role ie help with understanding
  questions, support and help to get point of view
  across
• How they felt scared, angry, not bothered,
  upset, confused, sad and anxious

10
Good things about the interview

• Refreshments (4)
• making a phone call (3)
• good explanations/ police who understood problems
  of LD (4)
• liked the police (2)
• nothing good about it (3)

11
Bad things about the interview

• Not understanding the questions (4)
• Having to wait a long time ( 1 person refused AA
  and solicitor as he was told it would take 4
  hours for them to attend) (4)
• Interview techniques of officers (7)
• Refreshments (5)
• didnt like answering questions (1)
• scared by the uniforms (1)

12
AA intervention

• Helped understand police questions (4)
• Helped explain things (3)
• Intervened re police questioning (3)
• No intervention/comments (not helpful) (3)
• No intervention but supportive (2)

13
Who should act as AA?

• Someone who knows them, someone they trust (10)
• The AA should understand the role (5)
• The AA should speak up in the interview (5)
• Issues around family (dont want a parent when I
  am an adult), friends (dont want them to know my
  business, they might not understand either)
  volunteers (they wont know me)
• 1 woman wanted a female AA

14
Conclusions

• Not all understood reason for having AA
• Significant numbers do not have AA present ie 26
• People with LD want someone they know and trust
  to act as AA
• People with LD want someone who understands their
  difficulties
• However, many felt a family member or friend was
  not appropriate
• People with LD want someone who makes an active
  contribution in the interview eg helps them to
  understand questions, explain process