4) Representing Vulnerable Clients Flashcards
Categories of vulnerable clients
1) Juveniles - between 10-17
2) Mental health condition or disorder
3) Deaf, unable to speak or blind
4) Can’t speak or understand English
Informing the person responsible for the juvenile’s welfare
In addition to the right to have someone informed of your arrest and right to independent legal advice the custody officer must find the person responsible for welfare. This right cannot be delayed
What is an appropriate adult
A person who attends the police station to provide support and assistance to a juvenile
Who can be an appropriate adult?
Hierarchy:
1) Parent or guardian
2) Social worker from local authority
3) Another responsible adult e.g uncle
Who can’t be an appropriate adult
1) Solicitor
2) Someone connected to the police
3) An interested party e.g another suspect
4) Anyone who the juvenile has made admissions to
5) An estranged parent
What is the role of an appropriate adult
To ensure the suspect understands what is happening to them and why
Interviewing vulnerable suspects
Caution must be in the in the presence of the appropriate adult.
Must be interviewed in the presence of appropriate adult.
Interviewing vulnerable suspects - appropriate adult’s role
1) To advise the person being interviewed
2) Observe whether the interview is being conducted properly and fairly
3) Facilitate communication with the person being interviewed
Identification procedure
1) If a juvenile is aged 14 or over consent must be obtained by both the juvenile and their parent or guardian
2) If the juvenile is under 14 then consent must be obtained from their parent or guardian
3) If they are suffering from mental health condition then consent must be given in the presence of the appropriate adult
Juveniles refused bail after charge
Normally remanded into the care of the local authority rather than at the police station. If they do get remanded in the police station as it is impractical to move them or there is no local authority accommodation available and it would not be adequate to protect the public from serious harm by moving them to another one, then they must be kept separate from adult suspects and must not be detained in a cell
Alternatives to charging juveniles - Community resolution
Non-statutory disposal for the resolution of a minor offence or anti-social behaviour. Usually for first time offenders where they have pled guilty
Alternatives to charging juveniles - Youth cautions
Circumstances where this can be offered:
1) There is sufficient evidence to charge the offender with an offence
2) The offender admits that they committed the offence
3) The police do not consider that the offender should be prosecuted or given a youth conditional caution
Alternatives to charging juveniles - Youth conditional cautions
Requirements which must be met:
1) There is sufficient evidence against the offender to provide a realistic prospect of conviction
2) It must be determined that it should be given to the offender
3) The offender admits to having committed the offence
4) The effect must be explained to the offender
5) The offender must sign a document containing details of the offence
Advantages of accepting youth conditional caution
1) Avoids the client being charged with the offence and having to appear at the youth court
2) Cautions are not criminal convictions
Consequences of accepting youth conditional caution
1) A record of caution will be retained - fingerprints DNA
2) The caution will form part of the client’s criminal record
3) May need to be disclosed to employer
4) Police must refer the client to Youth Offending Team who may make them participate in a rehabilitation programme
5) Failure to comply may result in prosecution for original offence
