Mental health, drink and drug driving cases and how the police should treat you

Mental Health issues are a regular feature in our clients’ motoring law cases. Since the easing of the first lockdown in 2020, we have seen a definite increase in drink and drug driving cases where a mental health crisis has escalated and resulted in an arrest. We are also seeing a significant rise in cases where addiction issues combined with mental health illness are factors.

This certainly corresponds with claims that since the lockdowns were removed in the UK, help4addiction, the country’s largest addiction advisory service, have seen a staggering 325% increase in alcohol and drug addiction calls.

Sadly, we are also seeing a surge in cases where the police seem to have simply have no understanding or empathy for suspects suffering from these issues.

The Police and Criminal Evidence Act 1984 outlines police powers and the rules that must be followed during the course of a police investigation. Code C of the Police and Criminal Evidence Act 1984 includes guidance as to how the police must treat suspects whilst at the police station. There are also specific requirements for when interviewing a suspect, which includes how they must treat a suspect who is ‘vulnerable’ due mental health issues.

Before an interview, a detailed risk assessment must be carried out at the police station to ensure a suspect is fit to be detained. Usually, this entails asking questions about the suspect’s mental and physical health as part of these assessments. The custody officer at the police station is responsible for establishing that any concerns about a suspect’s health and welfare are addressed appropriately. Police officers or civilian staff should also frequently visit those detained in police cells, especially anyone classed s as being ‘vulnerable’.

The custody officer must make sure a suspect receives appropriate clinical attention as soon as reasonably practical if they appear to be suffering from a mental disorder (9.5(C), Code C, Police and Criminal Evidence Act 1984). This will be assessed on an individual basis and it may not be reasonably practicable in all cases for clinical attention to be made instantly. Often, a healthcare professional is present at the police station and it may be that they assess a suspect’s fitness to provide a particular specimen, to be detained, or to be interviewed driving offence. Whenever the appropriate healthcare professional is called to examine or treat a suspect the custody officer should ask them about any risks or problems the police need to take into account when making decisions about your continued detention; when to carry out an interview (if applicable); and the need for safeguards (9.13, Code C, Police and Criminal Evidence Act 1984). Any assessment should be noted in a document that is maintained in relation to your time at the police station called the custody record. If attention appears to be needed urgently, the nearest healthcare professional or ambulance must be called immediately (9.5A, Code C, Police and Criminal Evidence Act 1984).

If the police wish to interview a suspect this is often to obtain further evidence about an allegation. An appropriate adult’s attendance may be required before an interview if a suspect is classed as ‘vulnerable’ (11(C), Code C, Police and Criminal Evidence Act 1984). The legislation outlines the need to categorise a suspect as ‘vulnerable’ and ‘at risk’ in an interview if conducting the interview could significantly harm the individual’s mental state. The police should consider the detainee’s mental state and whether this might affect the ability to understand the nature and purpose of the interview and make rational decisions. Also to be considered is the extent the mental condition may affect any replies to questions, and how the nature of the interview might affect the detained suspect. This does not necessarily mean that a suspect should not be interviewed if they have mental health problems, but these factors should be considered and an appropriate healthcare professional should ideally be consulted to give their opinion on the above.

If interviewed when a suspect’s mental state is compromised, anything said in an interview about their involvement in the alleged offence may be considered unreliable and therefore inadmissible in future court proceedings (Annex G, Code C, Police and Criminal Evidence Act 1984).

If the Code C, Police and Criminal Evidence Act 1984 guidelines are not adequately complied with in relation to a suspect’s mental health, the court may conclude that the detention at the police station itself could have been unlawful.

If you are reading this because you or a loved one was not properly cared for when in custody and you are unhappy about the way the police addressed any mental health issues, you can also complain or give your comments and feedback to the relevant police force.

In addition to being alert to mental health issues and the admissibility of evidence in a case, we also understand that when faced with a charge you wish to fight, or when awaiting a charge this can cause the deterioration of your mental health. We recognise that being the subject of a prosecution can cause heightened stress and anxiety. We like to think we are a friendly, approachable team and that you feel supported and cared for during your case, alongside being experts in the field of motoring law. We will be happy to support you throughout your motoring prosecution(s) and to explore any breaches of the Police and Criminal Evidence Act 1984 should they be relevant.