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
Charging juveniles
Range of options is same as adult defendants.
1) Remand them in custody/refusing bail on the same grounds as adult defendants (fail to surrender, commit further acts, interfere with witnesses and juvenile ought to be detained for their own interests)
2) Release them on bail
3) Release them on conditional bail
Juveniles refused bail after charge
Under 12 can only be remanded into the care of the local authority. Over 12 and there isn’t space in local authority centre then they could be remanded at the police station but they must be kept separate from adult suspects and must not be detained in a cell unless it is not practical to supervise them. They should be detained in a juvenile detention room
Alternatives to charging juveniles
Only for under 18s.
1) Community resolution
2) Youth Caution
3) Youth Conditional Caution
Alternatives to charging juveniles - Community resolution
Informal agreement between parties for the resolution of a minor offence or anti-social behaviour e.g apology, offer of compensation. Usually for first time offenders where they have pled guilty
Alternatives to charging juveniles - Youth cautions
A formal warning. 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
Formal warning with conditions e.g community work, anger management. 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
