§ Mrs. Curtis-Thomas:To ask the Secretary of State for the Home Department how the terms (a) vulnerable and (b) difficult group are defined within his Department. [131350]
§ Paul Goggins:A mentally vulnerable detainee is defined for the purposes of the Codes of Practice under the Police and Criminal Evidence Act 1984 (PACE) as "any detainee who, because of their mental state or capacity may not understand the significance of what is said, of questions or of their replies". (Code C, Guidance Note 1 G). The PACE Codes make specific provision for detainees who are mentally disordered or mentally vulnerable to receive the support of an appropriate adult during their time in police custody (Code C 1.7). Appropriate adults have an important role to play in the custody environment by ensuring that the detained person whom they are assisting understands what is happening to them and why.
Although the term vulnerable is not explicitly applied to juvenile detainees, they are nevertheless regarded as a vulnerable group and PACE Code C requires that they similarly receive the support of an appropriate adult (Code C 1.7).
Section 16 of the Youth Justice and Criminal Evidence Act 1999 defines a group of witnesses in criminal proceedings (other than the accused) who may be eligible for special measures assistance on grounds of age or incapacity. This group is often referred to as vulnerable witnesses.
I am not aware of a specific definition for the term difficult group.