Interrogations-and-Confessions-Handbook

262 A Psychology of Interrogations and Confessions
appropriate adults may completely misconstrue their role and take on the role
of an interrogator (Pearse & Gudjonsson, 1996c, 1996d). Importantly, Robertson,
Pearson and Gibb (1996a) suggest that there has been a general failure
in the Codes of Practice to distinguish between the needs and requirements of
juveniles and vulnerable adults.
In a recent study, Bucke and Brown (1997) found that there is still an inadequate
level of guidance given to appropriate adults about their role by custody
officers. Parents often take the role of passive observers and do not intervene
appropriately. Similar findings have been found by other researchers (Evans,
1993; Palmer & Hart, 1996). Rather than remaining overly passive, appropriate
adults may also side with the police and taken on an interrogative role (Pearse &
Gudjonsson, 1996c). Bean and Nemitz (1994) found when appropriate adults
do intervene in an interview they may face disapproval by the police.
Hodgson (1997) and Pearse and Gudjonsson (1996d) have also raised concern
that the mere presence of an appropriate adult during an interview may add a
degree of legitimacy and credibility to the interview process at court.
The appropriate adult can consult with the detainee privately at any time
(Code C: 3.12). This is an important provision, but it may cause problems and
serious ethical issues when a detainee wishes to make a confession to the appropriate
adult (Littlechild, 1996). In order to overcome this risk, Littlechild
recommends that appropriate adults meet with detainees in private before a police
interview and explain the boundaries of their role, including advising them
not to make admissions to the appropriate adult, and explaining the possible
consequences of making such admissions.
To a certain extent, a solicitor and an appropriate adult have overlapping
functions (R. v. Lewis (Martin) [1996], Crim.L.R. 260), such as ensuring that a
detainee understands his legal rights, understands the questions asked and is
able to give coherent answers, and to ensure that the interview is conducted
properly and fairly. Interestingly, police surgeons, psychiatrists, lawyers and
police officers also view the roles of appropriate adults and solicitors as overlapping
considerably, and generally see no need for both (Gudjonsson, Hayes &
Rowlands, 2000). Out of the four professions, lawyers had the least faith in
the use of an appropriate adult and police officers the most. The finding that
police officers had faith in the services of appropriate adults is positive, since
they are responsible for identifying the need for such persons and seeking their
services.
However, in spite of overlapping roles (Pearse & Gudjonsson, 1997), there
are some important differences between the functions of appropriate adults
and those of solicitors, which must not be overlooked. For example, mental
health professionals who fulfil the role of appropriate adults should have
greater insight into problems associated with mental disorders than solicitors.
In contrast, solicitors should have greater knowledge of the police caution and
relevant legal issues to give sound legal advice compared with appropriate
adults (Ede & Shepherd, 2000). My main concern is that with the problem
of comprehension associated with the new police caution (Clare, Gudjonsson &
Harari, 1998; Fenner, Gudjonsson & Clare, 2002; Gudjonsson, 1994a; Shepherd,
Mortimer & Mobasheri, 1995), it is unrealistic to expect appropriate adults to