4. Representing Vulnerable Clients Flashcards
Categories of vulnerable suspects:
- Juveniles (between age of 10-17 inclusive), can be anyone who appears to be under the age of 18 if age is unknown
- Suspects who suffer from mental health conditions or mental disorder (or people police suspect suffers from one)
- Suspects who are deaf, mute, or blind; and
- Suspects who cannot speak or understand English
Detention restrictions for juveniles that are female
If a girl is under 18, she must be under the care of a woman in detention
Informing someone of the suspects arrest: special provisions for juveniles
if a juvenile has been arrested, the custody officer must, if practicable, find out the person responsible for their welfare (Code C, para 3.13).
Types of persons a CO can choose to alert of a juvenile’s arrest
a. their parent or guardian
b. if the juvenile is in local authority or voluntary organisation care, the person appointed by that authority or organisation to have responsibility for the juvenile’s welfare
c. any other person who has, for the time being, assumed responsibility for the juvenile’s welfare
Notification requirements of arrest when the individual juvenile is subject to a court order (under which someone / organisation is given statutory responsibility to monitor them)
reasonable steps must be taken to notify that person or organisation (person = responsible officer, usually a member of the Youth Offending Team)
Special measures for suspects which don’t speak or understand english or have a speech impediment
The CO must obtain an interpreter / someone to assist with communication (Code C, para 3.12)
Special measures if the suspect detained is blind / seriously visually impaired:
The CO must ensure there is someone (not involved in investigation) to help this person check any relevant documentation (could be an appropriate adult, relative, solicitor or someone else)
What is an ‘appropriate adult’, what is their role
The ‘appropriate adult’ is a person who attends the police station to provide support and
assistance to a juvenile (or suspect with a mental health condition or mental disorder).
Types of appropriate adult (and the order in which they should be contacted) for juveniles
a. parent or guardian (or representative if juvenile is in local authority care)
b. if not a, social worker from local authority
c. if not b, the police should finally contact another responsible adult who is aged 18 or over and not connected to the police (ie. aunt, uncle or grandparent)
- police may consider someone only just 18 is not old enough to fulfil this role
Types of appropriate adult for suspects with mental health conditions
- relative, guardian or other person responsible for suspect’s care or custody
- someone experienced in dealing with vulnerable people or
- some other responsible adult
Who CANNOT be an appropriate adult?
- Solicitors
- Police officers / persons employed by the police
- interested parties (ie. victim of the offence or potential witness)
- person to whom the juvenile has made admissions prior to that person being asked to attend the Police station
- an estranged parent if the juvenile expressly and specifically objects to their presence
Roles of the appropriate adult
- to support, advise and assist the suspect, particularly when the suspect is being questioned
- ensure that suspect understands their rights whilst at the police station, and the role played by the appropriate adult in protecting those rights
- to observe whether the police are acting properly, fairly and with respect for the rights of the suspect; and
- to assist with communication between the suspect and the police
- to ask for a solicitor, if in the best interest of the suspect (even if juvenile / vulnerable person says no), but the suspect cannot be forced to see the solicitor if they really don’t want to
- Be with the suspect while the custody officer explains their rights to them (or if they arrived after, repeat it to them)
Can an appropriate adult attend interviews?
Yes
Can an appropriate adult speak in an interview
AA can intervene in an interview if VP has not understood a question asked to seek clarification on their behalf
Can a vulnerable person be interviewed without an appropriate adult? What else can they not do without an appropriate adult?
Generally no - the VP must not normally be interviewed, or asked to provide or sign a written statement under caution or record of interview, in the absence of the appropriate adult
Role of the Police when advising an AA who is present in the interview
When an AA is present in an interview, they must be informed by the interviewer that they are not just an observer, but should:
- advise the person being interviewed
- observe whether the interview is being conducted property and fairly and
- facilitate communication with the person being interviewed
Can the police ask an AA to leave an interview? If so, when?
an appropriate adult may be required to leave the interview if their conduct is such that the interviewer is unable properly to put questions to the suspect.
Procedure for removing an AA from an interview / case:
- they will stop interview and consult officer not below superintendent rank if one is available (otherwise, an officer not below inspector rank) not connected with investigation
- They will speak to AA ad remind them of proper conduct
- If they decide that the interview should go forward without the AA, they must find another AA before the interview continues
Out of court disposal systems available for juveniles:
- Community Resolution
- Youth Cautions
- Youth Conditional Cautions
DEF: Community Resolution
Out of court disposal which is normally the ‘first step’
- non-statutory disposal for resolution of minor offences or anti-social behaviour through agreement of parties involved
Does a community resolution appear on the criminal record of a juvenile offender?
No
When will a community resolution be sought?
Individual is a juvenile
- first time offender who admits guilt
- victim’s views have been taken into account
When can a ‘youth caution’ be offered instead of court proceedings
(a) there is sufficient evidence to charge the offender with an offence;
(b) the offender admits that they committed the offence; and
(c) the police do not consider that the offender should be prosecuted or given a youth conditional caution in respect of the offence, ie it is not in the public interest to deal with the matter in another way. (ie. offence not too serious)
Youth cautions given to juveniles: role of the appropriate adult
A youth caution given to a person aged 17 or under must be given in the presence of an appropriate adult.
Are ‘cautions’ the same as criminal convictions?
No - but both appear on an individual’s criminal record
Is accepting a caution admitting guilt?
Yes
Requirements to give a Youth Conditional Caution
- there is sufficient evidence against the offender to provide a realistic prospect of conviction;
- conditional caution is appropriate
- offender admits
- effect must be explained to the offender (including consequences of non-compliance)
- offender must sign document containing details of offence, admission and conditions
Giving a youth conditional caution: when does an appropriate adult be present
When giving a caution and explaining its effect to someone aged 16 or under, an appropriate adult must be present
Necessary objectives of the conditions in a youth condition caution (one or three)
rehabilitation, reparation and punishment
If given a youth conditional caution, when do the conditions need to be ‘completed’
SUMMARY OFFENCE
- 16 weeks from original offence
INDICTABLE OFFENCES
- longer than 16 weeks but no longer than 20 weeks
Consequences of accepting a youth caution
- Record of the cautions will be retained, including any identification data taken (fingerprints, photographs, DNA samples)
- Will form a part of C’s criminal record, which can come up on employment checks
- May determine result of future arrests (if cautions already on records)
- May need to be disclosed to prospective employers / employers
- Police must refer client to the youth offending team to assess client and arrange for them to participate in a rehab programme (unless inappropriate)
- Failure to comply with conditions can lead to prosecution for the original offence
- Any youth cautions given / their failure to participate in a rehab program may be cited in criminal proceedings similar to how a conviction may be cited
- If offence is covered by Part 2 of the Sexual Offences Act 2003, the client will be placed on the sex offenders register
