Police screwing up?

Question

Help us PLEASE , Can anyone let us know if the ploice can interview someone with mental illness WITHOUT an apropriate ADULT being there

Answer 1

No they cannot, the police are regulated by the Police and Criminal Evidence act 1984. specifically the codes of practice A-G a copy of which you may ask to read at any police station in the country.
once some form of mental incapacity has been identified or a suspicion of, the Custody sergant is required to contact an appropiate adult to be present to witness the reading of the defendants rights, ensure the requirments of the Human Rights act are fullfilled and to explain to the defendant his or her rights relating to legal representation ect..
The appropriate adult is then required to be present in any interviews held and is resonsible for clarifiing that the defendant has not been interviewed by anyone without the presence of an appropiate adult, if it is the case they should in the first instance should report it to the Custody Sergant, and encourage the defendant to request legal representation so that the defendant may inform thier legal advisor of the breach of thier Human rights (eg Art 8 right to fair process European Convention of Human Rights 1950 as adopted into UK statute by the Human Rights Act 1988.
Any evidence gained in contravention of the above will probally be found inadmissable by the court if it brought to the courts attention that the police have not followed the requirments of P.A.C.E 1984

I work as a Volunteer Appropriate adult with the Youth Offending Team established by the Criminal Justice Act 2003.
I also have a BTEC in Youth care as well as being half way though a law degree, i hope this is of help, if your still in doubt consult a solicitor on the vunerable persons behalf.

Answer 2

Depends on the purpose of the questioning, if they are the suspect then it needs to be known whether the person understands the situation. Same rules would apply for questioning children believe it or not parent do not HAVE to be present to question a child ( this may vary by location).
It is all about capacity, if the mentally ill person is a suspect they would be granted the same rights as any other adult and can be asked anything at anytime and they need to understand that they do not HAVE to answer. If the person is incapable of understanding that then most likely what they would have to say would be unreliable anyway. Don't freak out unless your mentally ill person has done something really bad and has the capacity to stand trial for it.

If the person is not a suspect then the police should be able to ask what ever they need to and expect honest answers.

Answer 3

Please you need to be more specific. If the person is a minor no without an adult present. If they are an adult they can interview you, arrest you and even take you to a mental hospital to have you held upto 72 hours for observation. (Usually they will have a court order).

Ofcourse police do break the law an interview a minor with mental illness without an adult present.

And your lawyer will be able to take appropriate action against the officer or officers.

I am a clinical psychiatrist France. Please know the law differs from country to country.

Answer 4

The police can definately interview someone with a mental illness. There isn't a law against that, that i know of. But the problem will be if the police try to use any information they gain from the person in court. It falls up under Miranda rights if its a criminal issue.

Answer 5

iN THE uk....

As a witness at the scene yes to obtain preliminary facts
As a witness at a police station yes to obtain preliminary facts (although this could compromise its subsequent admissability)
As a witness to provide a statement no if they know or suspect them to have sufficient imparement to need an appropriate adult, but the threshold is rather low your assessments of a persons need fopr an appropriate adult may not agree witht he FME (police Dr) who would make that assessment if the police were not sure

As a suspect at the scene prior to arrest, yes
As a suspect at a police station after arrest only in some very specific circumstances with the authrity of the Superintendent

These circumstances incluse
the protection of life and limb
interferenec or harm with evidence
preventing loss or damage to property
hindering the recovery of property or alerting other suspets

its covered in PACE Codes of practice C11.1 to C 11.18 link below

Answer 6

This is obviously a UK & Ireland question and the USA answerers are singing from a different hymn sheet to the rest of the congregation.

US law is not applicable in UK & Ireland. It is your right to remain silent and have legal assistance prior to any interview, irrespective of your mental condition.

Answer 7

Was this a obvious mental illness?

Police can interview anyone regardless of the state of mind.


But...
Confessions are can be excluded from legal proceedings if it can be shown that suspects did not understand or appreciate their Miranda rights.

Answer 8

No, they can't. But they do. In the UK there is an organization called MIND that can help (in most places they are only available during office hours). If the person is under medical care, contact the doctor (outside of hours this will be redirected to an emergency doctor).

Answer 9

Yes then can. There are some police officers who are specially trained in dealing with the mentally ill.

Answer 10

You have not really provided enough info but given the facts you provided..Yes, mental illness does not in and of itself preclude someone from being "interrogated".
Also , ANYONE can be "interviewed".