ABSTRACT

The unequal power-play existing between the State and the individual renders the suspect vulnerable. The English and Welsh criminal justice system is recognised as being, as with most Anglo-American or common law jurisdictions, adversarial. Police custody is a pivotal point within the criminal process: it is the gateway to the criminal justice process. Of notable mention is the absence of in-depth observation in many of the previous studies, the lack of attention paid to how vulnerability is defined, and the dearth of analysis in relation to policing and criminal justice theory as applied to police decision-making in reference to the appropriate adult safeguard. The criminal justice process operates to perpetrate an inequality of arms at all stages. Due process is silenced or, even more worryingly perhaps, serves to meet crime control ends. The chapter also presents an overview of the key concepts discussed in this book.