How to identify a client's vulnerability Flashcards
How should you asses your clients fitness to be interviewed
- You should obtain information about the risk assessment and ascertain what action if any has been taken in respect of any identified.
- Asking other who should or could know the client conditions e.g friend, relative or custody officer
- Listing to way in which the client is talking e.g slurring speech, talking very quickly or slowly
- Finding out details of medication prescribed
- Visual monitoring of the client e.g detect shaking
- Conducting simple tests
What should you do if you have concerns about your client’s fitness to be interviewed and you believe this has not been identified by a healthcare professional
You may advise the client not to answer questions, however danger of inferences been drawn under CJ POA 1994.
The court would prefer the opinion of a healthcare professional so you consider speaking to a healthcare professional to try persuade them that the client is not fit for interview.
What should you do if the healthcare professional is not a doctor
You should consider asking the custody officer to call one in, if this is refused consider seeking an independent medical opinion.
What two risks are considered when assessing fitness to be interviewed
1) the risk that conduction an interview could significantly harm the detainee’s physical or mental state
2) The risk that anything said by detainee in an interview might be considered unreliable in subsequent court proceedings because of their physical or mental state.
Why is important to deal with issues affecting the client which are not associated with vulnerbability
The client may be extremely tired or may be distracted as a result of the arrest and detention, or may be preoccupied by worries such as a sick relative or care for their young child.
You should seek to deal with this as it can lead to the client to be prone to confense falsely in order to get out of the stressful situation.
If the client is to tired to be interview what should you do?
Direct the custody officer attention to code c 12.2 which outlines that in any period of 24 hours the detainees persons must be allowed a continuous period of eight hours rest free from questioning
If the client is suffering from serious stress as a result of being arrested or in detention?
Delay the police interview until the client has become calmer. If the police are reluctant to do this consider advising the client to request a medical examination.
What signs should you look out for to determine whether a client is vulnerable
1) Apparent lack of comprehension
2) Lack of coherence
3) unexpected levels of agitation, anger or other emotions
4) physical signs such as lack of co-ordination, drowsiness or body movements
5) reference by client to medication or hospitalisation.
Should you tell the police if you think a client is vulnerable
If the client consents then yes.
If your knowledge or suspicion arises from previous professional contact with the client or from something said to you the information should not be passed onto the police,
however if your suspicions or knowledge is based on your observations this is not covered by the duty of confidentiality.
If you find out that the client is vulnerable during the interview?
The lawyer should normally stop the interview and speak to the client in private.
What should you do if the client is vulnerbable.
A healthcare professional will have to be called in.
What implications should be considered when calling in a healthcare professional.
The practitioner may not be bound the same duty of confidentaility and anything disclosed may not be covered by legal professional privilege.
The practioner will be paid by the police and may be directly employed by them, evidence suggests that practioners do not provide a helpful role from a defence point of view.
