Identity Procedures
AAs must be present when any identity procedure (see below) takes place and when any information is given to, or consent is sought from a child. Usually, consent is not necessary for fingerprints and non-intimate samples (e.g. nail clippings, hair, skin).
- Photograph
- Fingerprints
- Non-intimate samples (including DNA)
- Video ID
- Intimate samples
- Footwear impression
- Road Traffic Offences Drink/drug driving
- Testing for Class A drugs
What are the rules for consent?
Consent is valid if:
- an appropriate adult is present; and
- it is informed (i.e. the consequences are fully understood by the person giving consent); and
- for children aged 10-13 years, a parent or legal guardian’s consent is given (the child’s consent is not required); or
- for children aged 14-17 years, consent is given by both the child and their parent or legal guardian; or
- for adults, consent is given by the person (consent is not required from any other person).
Provided the consent is fully informed and is not withdrawn, it may be obtained at any time before the procedure takes place.
Applicability
Children: If a child is in the care of a local authority or voluntary organisation, consent may be given by that authority or organisation.
There is no expectation that a parent/legal guardian must attend the police station to give consent unless they are also acting as the AA. However, they must be given the same information about the procedure and the child’s suspected involvement in the offence as the child and AA. The parent or guardian must also be allowed to speak to the child and the appropriate adult if they wish.
Adults: As above
References
1. PACE 1984 s.65 as amended by the Policing and Crime Act 2017 s.73(4)
2. Code D 2A
3. Code D 2A
4. Code D 2A
Does an AA have to be present for consent?
Wherever consent is required, the AA must be present when (in relation to a suspect who requires an AA):
- consent is sought; and
- consent is given; and
- consent is declined.
Applicability
Children: As above.
Adults: As above.
References
1. Code C Annex A 2B, Annex K3, Annex M7, Code D 2.12
What is the role of the AA in Consent?
The role of the appropriate adult in consent is to ensure that:
- the correct information has been given to the individual; and
- they understand their rights; and
- they can give informed consent – they fully understand the relevant procedure and the consequences of refusing it; and
- the parent/legal guardian has consented (where applicable).
It is not the role of appropriate adults to give consent. They do not have the authority to do so and should not be asked. The one exception to this is parents and legal guardians who act as AA for a child, who do not lose their responsibility for consent.
Guidance and best practice
Concerns of any nature should be voiced and recorded on the custody record.
If requested by police, and if satisfied, an AA should sign paperwork to confirm that appropriate informed consent was given. However, they must not sign to give consent unless they are the parent/legal guardian of a child.
Where consent is to be requested from a child, the AA should check that consent from the parent/guardian is in place before any procedure (10-13 yr olds incl.), or consent is sought from the child (14-17 yr olds incl.). If it is not, then the AA should refuse to counter sign any documents and raise concerns with the custody officer/duty officer as necessary. If in doubt, then ask to speak to the parent/guardian on the phone.
AAs should be alert to the issue of legal advice.
- If legal advice has been requested, then the AA should ensure that the individual speaks to their legal representative before deciding about whether they will consent to a procedure or procedures. If so, what they are consenting to. Telephone advice may be appropriate in these situations.
- If the right to free legal advice has been declined, the AA should consider whether it would be in their best interest and take appropriate step before consent is sought by police.