Chapter Four: Representing vulnerable clients

Question 1

What groups of people are considered to be vulnerable people?

Answer 1

Juveniles
Suspects who suffer from mental health conditions/ disorders
Suspects who are deaf, unable to speak or blind
Suspects who cannot speak or understand English

Question 2

Who can be a juvenile’s appropriate adult?

Answer 2

their parent or guardian
if they are in local authority or voluntary organisation care, the person appointed by that authority or organisation to have responsibility for the juvenile’s welfare.
any other person who has, for the time being, assumed responsibility for the juvenile’s welfare.

Question 3

When must a juvenile’s appropriate person be informed of their detention?

Answer 3

As soon as is practicable. They must be informed that they have been arrested, why they have been arrested and where they are being detained. This right cannot be delayed.

Question 4

Who is an appropriate adult for a person with a mental illness or disorder?

Answer 4

A relative, guardian, or other person responsible for that persons care or custody
Someone experienced in dealing with vulnerable people
Some other responsible adult.

Question 5

Why should a solicitor not be an appropriate adult?

Answer 5

An appropriate adult is a separate right to legal advice.

Question 6

Who should not fulfil the role of an appropriate adult?

Answer 6

A solicitor
Police officers or people employed by the police
An interested person such as a victim of the offence
A person who the juvenile has made admissions prior to that person being asked to be an appropriate adult
An estranged parent if the juvenile does not want them to be.

Question 7

What is the role of an appropriate adult?

Answer 7

To support, advise and assist the suspect, particularly when the suspect is being questioned.
To ensure that the 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.

Question 8

Are appropriate adults protected by legal privilege?

Answer 8

No

Question 9

When should a custody officer explain a juvenile’s rights?

Answer 9

Whilst at the police station in front of the appropriate adult and if they are not there then they must repeat those rights in front of the appropriate adult.

Question 10

What must the solicitor make the appropriate adult aware of?

Answer 10

Must make them aware of their role and make them aware they are not there to help the police. They should not answer any questions on behalf go the suspect, but they should intervene if they think the minor has not understood the question

Question 11

What cannot be done without the presence of an appropriate adult?

Answer 11

Telling the minor their right
Cannot be interviewed without
Being cautioned
Cannot provide or sign a written statement under caution or record of interview

Question 12

Can an appropriate adult be required to leave an interview?

Answer 12

Yes, if their conduct is such that the interviewer is unable properly to put questions to the suspect.
The interviewer will stop the interview and consult an officer not below the rank of SUPERINTENDENT, and if one is not available then INSPECTOR not connected with the investigation.
After speaking to the appropriate adult, the officer must remind the adult that their role does not allow them to obstruct proper questioning and give them the opportunity to respond.
If they decide the appropriate adult needs to leave, then another appropriate adult will need to be present before the interview continues.

Question 13

What happens if a custody officer refuses a minor bail?

Answer 13

They will normally be remanded in the care of the local authority rather than at the police station.
The only two situations when a minor may be held in police custody after charge are:
(a) if it is impracticable to move the suspect to local authority accommodation; or
(b) if the juvenile is aged at least 12, there is no secure local authority accommodation available and keeping them in other local authority accommodation would not be adequate to protect the public from serious harm form them.

Question 14

What must happen if a minor is detained in a police station?

Answer 14

They must be separated from any adult suspects and must not be detained in a cell unless it is impracticable to supervise the juvenile other than in a cell. They will normally be kept in a juvenile detention room.

Question 15

What are some alternatives to charging juveniles?

Answer 15

Community Resolution
Youth Cautions
Youth Conditional Cautions

Question 16

What is a community resolution?

Answer 16

This is the starting point for out of court disposals.
It is a non-statutory disposal for the resolution of a minor offence or anti-social behaviour incident through informal agreement between the parties involved.
Primarily aimed at first time offenders where there has been an admission of guilt and where the victims views have been taken into account. It will not form a part of their criminal record.

Question 17

When can a youth caution be given?

Answer 17

Section 66ZA of the Crime and Disorder Act 2015 says where:
(a) there is sufficient evidence to charge the offender with an offence
(b) the offender admits that they committed the offence
(c) the police do not consider that the offender should be prosecuted or given a youth conditional caution in respect of the offence
Must be given in the presence of an appropriate adult

Question 18

What are Youth conditional orders?

Answer 18

The requirements that must be me before a youth conditional order:
(a) there is sufficient evidence against the offender to provide a realistic prospect of conviction
(b) it must be determined that a youth conditional caution should be given to the offender
(c) the offender admits to having committed the offence
(d) the effect of the youth conditional order must be explained to the offender and they must be warned of the failure to comply with any of the conditions
(e) the offender must sign a document containing details of the offence, their admission, consent to be given to a youth conditional caution and details of the conditions attached.

Question 19

What are some advantages of youth cautions and youth conditional cautions?

Answer 19

(a) this avoids the client being charged with the offence and having to appear at the youth court
(b) such cautions are not criminal offences

Question 20

What are some consequences of youth cautions and youth conditional cautions?

Answer 20

(a) a record of the cautions will be retained by the police, including fingerprints, photographs and DNA samples taken.
(b) An admission of guilt will for part of their criminal record and may be referred to if an employer makes a Criminal Records Bureau Check. May make a difference to a future offending disposal.
(c) it may also need to be disclosed to employers or prospective employers
(d) the police must refer the client to the appropriate Youth Offending team who will assess the client and must arrange for them to participate in a rehabilitation programme
(e) failure to comply with any conditions imposed can result in prosecution for the original offence
(f) Any youth cautions given and any report on a failure by a person to participate in a rehabilitation programme may be cited in criminal proceedings similar to how a conviction may be cited
(g) if the offence is covered by Part 2 of the Sexual Offences Act 2003 the client will be placed on the sex offenders register