Criminal Litigation - Vulnerable Suspects (3) Flashcards
Who are vulnerable suspects?
Vulnerable Suspects: Suspects may have vulnerabilities to which the police must be sensitive.
(1) Children: 10-17 year olds (and those who may be under 18).
(2) Mental Illness: Those suffering from a mental illness (and those who may be).
(3) Deaf, Blind, Mute: Those who are deaf, blind or mute.
(4) Non-English Speaking: Those who cannot speak or understand English.
What rights do vulnerable suspects have?
Rights of Vulnerable Suspects: Vulnerable suspects are subject to the same rights as other suspects, and some additional rights.
What rights do female children have?
Female Children: Female child suspects must be placed under the care of a female officer during detention.
When does the guardian of a child have to be informed that their child is in custody?
Informing Guardians of Children: Custody officers must identify and inform guardians of a child suspect as soon as practicable (this cannot be delayed).
(1) Information: Must inform them of the reasons for arrest and location of detention.
(2) Guardian: This may include: a) parents; b) guardians; c) local authority (under Children and Young Persons Act 1933).
(3) Supervising Parties: Parties ordered to supervise a child under court order must also be informed, such as a Youth Offending Team officer (C 3.13).
When must the police enlist interpreters and assistants?
Interpreters and Assistants: The police must obtain interpreters and assistants for vulnerable suspects as appropriate.
Who are approrpriate adults?
Appropriate Adults: Individuals who attend the station to support a child or mentally disabled suspect.
(1) Child: The appropriate adult for a child must be selected from the following list, in order of priority:
Guardians: Parents, guardians, or local authority care.
Social Worker: Local authority social worker.
Other: A responsible adult not connected to the police (usually a relative).
(2) Mentally Disabled: Usually a relative, carer, or another responsible adult experienced with vulnerable people.
Who cannot act as an appropriate adult?
Inappropriate Appropriate Adults: Certain parties cannot act as appropriate adults.
(1) Solicitors: The solicitor cannot act as both appropriate adult and solicitor.
(2) Police Staff: Persons employed by the police cannot act as appropriate adults.
(3) Involved Parties: Parties involved in the matter cannot act as appropriate adults (i.e. victims, witnesses, co-defendants).
(4) Prior Admissions: Parties to whom the suspect has made an admission regarding the offence.
(5) Estranged Parties: Parties to whom the suspect is estranged, provided they expressly object to their presence.
>Non-contact (not simply a poor relationship).
What is the role of the appropriate adult?
Role of Appropriate Adult: Appropriate adult takes an active role in ensuring the suspect is aware of rights and procedure.
(1) Guidance: Established in Home Office Guide for Appropriate Adults.
(2) Support and Advice: Provide support and advice during the interview, including the protection of rights.
(3) Police Observation: Observe the police to ensure they are acting properly.
Custody Officer: Custody officer must repeat to the suspect their rights in the presence of the adult.
Are appropriate adults covered by legal privilege?
Legal Privilege: Appropriate adults are not covered by legal privilege, so should not be present in any client-solicitor communications.
What is the interview procedure for children?
Interview Procedure: The main deviation from standard interviews is the presence of the appropriate adult.
(1) Role of Adult: Cautions must be repeated in the presence of the adult, and any statements or interviews conducted in their presence. The adult will observe the police, facilitate communication, and support the suspect.
(2) Removal of Adult: Interviews may be paused if an appropriate adult is unreasonably obstructing the interview.
Removal: An officer ranking superintendent (if available) or inspector (if not) can caution or remove the appropriate adult if deemed necessary.
New Adult: A new appropriate adult must be obtained before recommencing interview (unless urgent).
