Representing Vulnerable Clients Flashcards
What are the special categories of suspect, who could be described as potentially vulnerable?
1) Juveniles (aged between 10 and 17 years old);
2) Suspects suffering from mental health conditions and disorders;
3) Suspects who are deaf, unable to speak, or blind; and
4) Suspect who cannot speak or understand English.
What must a custody officer do if they are detaining someone who is a juvenile?
Find out who is responsible for their welfare and inform that person (or agency if they are in care etc) of why the juvenile has ben arrested and where they are being detained.
What must a custody officer do when detaining someone who does not speak and/or understand English, or has a hearing or speech impediment?
Obtain an interpreter or someone who can assist the suspect with communication.
What must a custody officer do when detaining someone who is blind or suffers from a serious visual impairment?
Ensure there is someone (not involved in the investigation) such as an appropriate adult, relative, solicitor or someone likely to take interest in their welfare, to help them check any documentation.
Who is classed as an appropriate adult where dating with juveniles/ someone suffering from mental health conditions/ disorders?
1) first should try to contact a parent or guardian (or rep from local authority care if the person is in care);
2) if no one is available, police must get a social worker to attend;
3) if social worker is not available, police should finally contact another appropriate adult (eg aunt, uncle grandparent etc) who is over the age of 18.
Can a solicitor be an appropriate adult?
No. A solicitor should be provided in addition to an appropriate adult
List persons deemed not to be appropriate adults for juveniles/ people with mental health disorders.
- police officers or persons employed by the police;
- an interested party such as the victim of the offence, another suspect, a potential witness or anyone else involved in the investigation (this would, for example, prevent a juvenile’s mother acting as appropriate adult if the juvenile has been arrested on suspicion of assaulting her, as she would be the victim);
- a person, such as a parent or social worker, to whom the juvenile has made admissions prior to that person being asked to attend the police station to fulfil the role of an appropriate adult; and
- an estranged parent (but only when the juvenile expressly and specifically objects to the presence of such a person).
Can an appropriate adult intervene in the suspects interview?
Only if they feel the suspect has not understood the question which has been asked and that clarification of the question is necessary.
