Representing Vulnerable Clients Flashcards
What are the 4 categories of vulnerable clients?
Juveniles 10-17
Suspects who suffers mental health condition or mental disorder
Suspects who are deaf or unable to speak or blind
Suspects who cannot speak or understand English
What must the custody officer do when a juvenile has been arrested?
Find out the person responsible for welfare; parent or guardian, local authority or voluntary organisation care, or any other person who has assumed responsibility for juveniles welfare
Must be informed ASAP that the juvenile has been arrested, why and where
Which CODE deals with vulnerable clients?
Code C
Who is an appropriate adult?
Person who attends police station to provide support and assistance to juvenile or mental health.
What is the hierarchy for appropriate adults?
Parent or guardian (or representative from local authority)
If no one from that, then social worker
If no social worker is available, the police should contain another responsible adult who is age 18 and over and not connected to the police (aunt, uncle, grandparents)
For mental : relative, guardian or other person, someone experienced in dealing with vulnerable people, or some other.
Who CANNOT be an appropriate adult?
Police officer
Interested party such as the victim of the offence or potential witness
A person to whom the juvenile has made admissions prior to that person being asked to attend police station
An estranged parent (but ONLY when juvenile expressly objects to their presence)
What is the role of the appropriate adult?
Has a positive and important rle.
Not at the police station to be an observer, but rather to ensure that the suspect understands what is happening to them and why.
To support, advise and assist the suspect
To ensure that the suspect understands their rights
To observe where 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
How do you interview vulnerable suspects?
Must not be interviewed or asked to provide or sign statements, in the absence of the appropriate adult.
Wehn appropriate adult is present, they must be informed by the interviewing officer that they are NOT there to act as an observer, and that the purpose is to advise, observe if its fair, and facilitate communication with the person being interviewed.
What conditions must be put in an identification procedure for juveniles/mental illness?
If age 14 or over, Consent must be obtained from both juvenile and from parents or guardian
If suspect is UNDEr 14, consent must be obtained form parents or guardian
If suspect suffers from mental health condition or mental disorder, then consent must be given in presence of appropriate adult
What happens to a juvenile if they are refused bail after charge?
Suspect will be remanded into care of local authority, rather than police station waiting for their first appearance in youth court.
2 situations where juvenile is kept at police statio
What are the 2 situations where a juvenile is kept at the police station?
It if it impracticable to move the suspect to local authority accommodation, or
If the juvenile is age at least 12, there is no secure local authority accommodation available.
If so, they are kept in a juvenile detention room, which is away from adults, and is NOT a cel.
What are the 3 alternatives to charging juveniles?
Community resolution
Youth cautions
Youth conditional cautions
What are youth community resolutions?
Alternative to charge juvenile. Out of court disposal.
Non statutory disposal for the resolution of a minor offence or anti0social behaviours incident through informal agreement.
Aimed at first time offenders, where there is guilty.
What are youth cautions?
Offered where:
Sufficient evidence to charge offender with offence
Offender admits that they committed
Police do not consider that the offender should be prosecuted, or given youth conditional caution, if it is not in Public interest
Youth caution given to person age 17 or UNDER must be given in presence of appropriate adult
What is a youth conditional caution
If sufficient evidence against offender to provide realistic prospect of conviction
Must be determined that a youth conditional caution should be given to offender
Offender admits
Effect must be expanded to offender and warned tha failure may result in prosecution for original offence, and
Offender it sign a document containing detains of the offence
Must have either rehabitation, reparation or punishment in mind.
Period of 16 weeks. If more than 15 weeks for either way or indictable, but NOT exceeds 20w eels
