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Fitness for interview: intoxication, mental health, and delays

When to challenge interview timing: intoxication, mental crisis, learning disability, and the role of the forensic medical examiner (FME) and appropriate adult — structured wiki notes for reps.

At The StationIntermediate✓ Pending Review427 words0 viewsUpdated 11 April 2026

Fitness for interview: intoxication, mental health, and delays

Custody interviews should only proceed when the detainee is fit to be interviewed under PACE and Code C. This article gives reps a structured checklist and language for challenging rushed interviews — without pretending to be a doctor.

1. Why fitness matters

If a client answers questions while intoxicated, in severe mental health crisis, or unable to understand the caution, the reliability of answers is compromised and professional risk increases for the client, the firm, and police.

Your role is to raise the issue clearly, request medical / AA involvement as appropriate, and record what you said and what happened.

2. Warning signs (non-exhaustive)

  • Slurred speech, strong smell of alcohol, unsteadiness, vomiting (intoxication).
  • Disorientation, inability to track questions, paranoia, self-harm statements (mental health crisis).
  • Known diagnosis where communication needs adjustment (learning disability, autism, brain injury).
  • Extreme fatigue after long detention — fatigue alone may not stop an interview, but combined with other factors it can matter.

3. Forensic medical examiner (FME)

Forces arrange medical assessment in custody. If you have concerns, ask for an FME assessment and record the time of the request.

You are not diagnosing — you are flagging observable concern that falls within Code expectations.

4. Appropriate adults (AA)

For juveniles, an AA is routinely required. For vulnerable adults, an AA may be required where the rules apply.

Reps should know who is present, ensure the client understands the AA's role, and avoid any suggestion that the AA is there to pressure the client to answer.

See Youth suspects procedures and Mental health in custody.

5. What to say (professional examples)

Use calm, factual language:

"I am not satisfied my client can follow questions safely in their current state. I am asking for medical assessment before interview."

"Please record that I have raised fitness concerns based on [observations]."

Avoid diagnosing: say what you observe and what you request.

6. If police proceed anyway

  • Keep a clear note of your objections and the officer's response.
  • In interview, you may need to interrupt if questions become oppressive or the client's condition deteriorates — follow your firm's stance on interventions.
  • After attendance, supervision and a full attendance note matter.

7. Related wiki articles

Disclaimer

General information only. Follow current PACE codes, force policies, and your supervising solicitor on live cases.