ABSTRACT
This chapter explores Police and Criminal Evidence Act safeguards and the historical context leading to the introduction of the appropriate adult safeguard. It examines the vulnerability provisions and the scope of the appropriate adult safeguard. In Belgium, for example, the Code of Criminal Procedure simply requires that account be taken of the suspect’s vulnerability when rights are being communicated. Providing additional rights and entitlements of those who are considered vulnerable is also a recognised, or recognisable, ideal on a European Union level. However, a vast number of the due process recommendations suggested by the Philips Commission were not implemented and the safeguards were ushered in alongside increased police powers. The custody officer may also face practical constraints in the form of CPS Charging Guidance and procedures contained within the Mental Health Act 1983, both of which may impact negatively on the time available to perform other aspects of his role.
