Interrogating Vulnerability: Reframing the Vulnerable Suspect in Police Custody

Abstract

This article considers the definition of the term ‘vulnerability’ in relation to the suspect in police detention and more specifically in relation to the appropriate adult safeguard. Using Fineman’s vulnerability theory, this article argues that all suspects are ‘vulnerable’ and, rather, attention should be focussed on how resilience is depleted, reduced or removed. In doing so, it points towards the limitations of the focus of the current legislative provisions. It situates this discussion within the broader frame of the impact and very nature of police detention and the implications of the broader criminal process as mechanisms that reduce resilience (and possibly deliberately so). Further, it reflects on how the framing of vulnerability in legislation relating to the police detention does not fully capture the position of the suspect in police detention. It concludes then by urging that the definition of the vulnerable suspect is reconceptualised so as to more adequately capture the position of the suspect of the criminal investigation.

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