People with learning disabilities experience of being interviewed by the police

1. Wendy Goodman & Janice Leggett, Avon Forensic CLDT People with learning disabilities experience of being interviewed by the police

2. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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� PACE provides legal and procedural framework in respect of powers to investigate crime. It seeks to balance the powers of the police to detain and investigate with the suspects rights. It was set up following a series of miscarriages of justice, where convictions relied on confessional evidence. It provides additional safeguards for those considered to be vulnerable. The Custody Officer has critical role in ensuring PACE safeguards are achieved. They are tasked with identifying vulnerable people and this triggers need for AA. Relatively easy to identify juveniles, more difficult to ID mental illness and harder again to ID mild and borderline LD.PACE provides legal and procedural framework in respect of powers to investigate crime. It seeks to balance the powers of the police to detain and investigate with the suspects rights. It was set up following a series of miscarriages of justice, where convictions relied on confessional evidence. It provides additional safeguards for those considered to be vulnerable. The Custody Officer has critical role in ensuring PACE safeguards are achieved. They are tasked with identifying vulnerable people and this triggers need for AA. Relatively easy to identify juveniles, more difficult to ID mental illness and harder again to ID mild and borderline LD.

3. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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 Those not appropriate include: Those involved in the case eg witness, victim, involved in the investigation or if the detainee objects to them Both relatives and social workers can have problems in AA role eg lack of objectivity, poor understanding of role, conflict of interest, may be anxious and acquiescent to police requestsThose not appropriate include: Those involved in the case eg witness, victim, involved in the investigation or if the detainee objects to them Both relatives and social workers can have problems in AA role eg lack of objectivity, poor understanding of role, conflict of interest, may be anxious and acquiescent to police requests

6. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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 Research tends to deal with problems implementing role ie identification of need, competence of AA, No studies into experience of individuals with LD. Bucke and Brown home office research in 25 police stations likely to be underestimate. Reasons for this: busy and noisy environment, time pressures, lack of training (Palmer, 1995) Either mental vulnerability not identified or not seen by police as being vulnerable and in need of AA. Also average intelligence of detainees in police stations likely to be lower than general public, making it more likely that police will miss those with mild mental illness or LD. * Gudjonsson study 2000 examined 23,321 custody records and found 1008 (4.3%) indicated vulnerability. However, only 40% had AA. Ie vulnerability not acknowledged. Problems with lack of understanding of role of AA= role becomes passive, with little assistance given to detainee. Some parents disregard role and help police to obtain confession, express hostility toward the suspect or the police. Research tends to deal with problems implementing role ie identification of need, competence of AA, No studies into experience of individuals with LD. Bucke and Brown home office research in 25 police stations likely to be underestimate. Reasons for this: busy and noisy environment, time pressures, lack of training (Palmer, 1995) Either mental vulnerability not identified or not seen by police as being vulnerable and in need of AA. Also average intelligence of detainees in police stations likely to be lower than general public, making it more likely that police will miss those with mild mental illness or LD. * Gudjonsson study 2000 examined 23,321 custody records and found 1008 (4.3%) indicated vulnerability. However, only 40% had AA. Ie vulnerability not acknowledged. Problems with lack of understanding of role of AA= role becomes passive, with little assistance given to detainee. Some parents disregard role and help police to obtain confession, express hostility toward the suspect or the police.

7. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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 Gudjonsson & Pearce 2000: Where AA present: 43.6% social worker, 21.3% parent/relative, 9.1% volunteer and 26% other. Other includes professionals, csw, salvation army and passers-by. Issues re conflict of interest for professionals and parents Nemitz & Bean 1997 evaluation of MIND volunteer scheme. Suggested volunteers most appropriate as service users preferred non-authority figures t support them. However, service users not interviewed. Gudjonsson & Pearce 2000: Where AA present: 43.6% social worker, 21.3% parent/relative, 9.1% volunteer and 26% other. Other includes professionals, csw, salvation army and passers-by. Issues re conflict of interest for professionals and parents Nemitz & Bean 1997 evaluation of MIND volunteer scheme. Suggested volunteers most appropriate as service users preferred non-authority figures t support them. However, service users not interviewed.

8. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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 Offences: arson, assault eg stabbing, threats to kill, Sexual assault against adults, childrenOffences: arson, assault eg stabbing, threats to kill, Sexual assault against adults, children

9. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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 AA present in 11 cases; not present in 4: 3 = family member; 4 = social worker; 2 didn�t know; 1x csw; 1x nurse How they felt: one person angry as police ignored her call about abusive partner but came when she set a fire. One angry with self for committing offence and with police for arresting him 2 said they were not bothered as they were used to being arrestedAA present in 11 cases; not present in 4: 3 = family member; 4 = social worker; 2 didn�t know; 1x csw; 1x nurse How they felt: one person angry as police ignored her call about abusive partner but came when she set a fire. One angry with self for committing offence and with police for arresting him 2 said they were not bothered as they were used to being arrested

10. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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) Good things 2 liked the police; 1 who had been arrested by the transport police liked his arresting officer as he had been on Rail Cops; one had been arrested so often he viewed them as his mates Good things 2 liked the police; 1 who had been arrested by the transport police liked his arresting officer as he had been on Rail Cops; one had been arrested so often he viewed them as his mates

11. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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) didn�t like answering questions (1) scared by the uniforms (1) Interview techniques 3 said the police shouted at them, kept repeating the same questions, put words in my mouth, didn�t listen Refreshments: 1 complained that the breakfast was inappropriate ie sausage, potato, and beans is a main meal, 1 was worried that police would spit in foodInterview techniques 3 said the police shouted at them, kept repeating the same questions, put words in my mouth, didn�t listen Refreshments: 1 complained that the breakfast was inappropriate ie sausage, potato, and beans is a main meal, 1 was worried that police would spit in food

12. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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) Answered some of the questions for me as I didn�t understand; Mum Intervened when police raised voice �no need for that, he wont co-operate if you shout at him�: give him time to reply Asked to rephrase questions, helped make sense of it Asked procedural questions re what would happen in the interview, what would happen with the tapes No intervention but supportive: asked for refreshments, helped me feel more relaxed 3 people said they wouldn�t have AA in future as I am an adult; it�s a waste of time, they don�t say anythingAnswered some of the questions for me as I didn�t understand; Mum Intervened when police raised voice �no need for that, he wont co-operate if you shout at him�: give him time to reply Asked to rephrase questions, helped make sense of it Asked procedural questions re what would happen in the interview, what would happen with the tapes No intervention but supportive: asked for refreshments, helped me feel more relaxed 3 people said they wouldn�t have AA in future as I am an adult; it�s a waste of time, they don�t say anything

13. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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 (don�t want a parent when I am an adult), friends (don�t want them to know my business, they might not understand either) volunteers (they wont know me) 1 woman wanted a female AA A list was given but they tended to qualify their answers. So we looked at who they didn�t want and what they thought was important in an AAA list was given but they tended to qualify their answers. So we looked at who they didn�t want and what they thought was important in an AA

14. Wendy Goodman & Janice Leggett, Avon Forensic CLDT 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