Representing Vulnerable Clients Flashcards
When will a suspect be classed as vulnerable?
(a) juveniles – suspects who are aged between 10 and 17 inclusive;
(b) suspects who suffer from a mental health condition or mental disorder, although para 1.4 of Code C provides that if the police suspect that someone suffers from such a condition, then in the absence of any clear evidence to dispel such suspicion, they should treat that person as suffering from such a condition;
(c) suspects who are deaf, unable to speak or blind; and
(d) suspects who cannot speak or understand English
Who must the custody officer try to identify when there is a juvenile suspect?
Where a juvenile has been arrested, the CO must, if practicable, find out the person responsible for their welfare (parent, guardian, appointee from local authority)
This person must be informed ASAP that the juvenile has been arrested, why they have been arrested and where they are being detained – right cannot be delayed
What is the role of an ‘appropriate adult’ and what is the hierarchy to deciding who will act as an ‘appropriate adult?’
The AA is a person who attends the PS to provide support to a juvenile or suspect with a mental health condition - they facilitate communication between police and suspect and must not be an observer only
There is a hierarchical order to who they should contact:
- Parent or guardian or representative from the LA where the juvenile is in LA care
- If no one available above, police should ask social worker from LA to act as an appropriate adult
- If not available, contact another responsible adult who is aged 18 or over and not connected to the police (aunt/uncle etc)
Who should not act as an ‘appropriate adult?’
Solicitor should never be an appropriate adult as the AA’s support is in addition to legal advice they receive at PS. Neither should:
- Police officers
- Any interested party, like the victim of the offence, another suspect or witness or someone who is aware of details of the offence (called before police arrested S)
- An estranged parent if juvenile specifically objects - note they must be ‘estranged’; a mere desire to not have the parent would not change anything, as parents are the first choice
Give details on the role of an appropriate adult
AA helps juvenile understand what is happening to them and why. They should:
- Support, advise and assist S
- Ensure S understands their rights – CO should state/repeat these with AA present
- Observe if police are acting properly, fairly and with respect for the rights of the suspect
- Assist with communication between S and police
- Consider if solicitor’s advice is needed
What must the solicitor tell the appropriate adult about their role?
Solicitor needs to ensure AA is aware of their role and must ensure they know it’s not their role to help the police
Should make it clear that they must not questions on S’ behalf, but should intervene if S needs clarification
What is the appropriate adult’s role in the interview?
1) Caution must be repeated in AA’s presence
2) Suspect must not normally be interviewed in AA’s absence
3) AA’s role in interview is to:
- Advise S
- Observe if the interview is conducted properly and fairly
- Facilitate communication with the person being interviewed
4) AA might be excluded from interview if they make it difficult to properly put questions to S
- Must consult a superintendent or, if not available, an inspector; remind AA not to obstruct questioning; let them respond; decide whether to exclude
What additional provisions are put in place when carrying out an identification procedure for a juvenile suspect?
(a) if the suspect is a juvenile aged 14 or over, consent must be obtained both from the juvenile and from the juvenile’s parent or guardian;
(b) if the suspect is a juvenile aged under 14, consent must be obtained from the juvenile’s parent or guardian (rather than from the juvenile);
(c) If the suspect is suffering from a mental health condition or mental disorder, then the consent must be given in the presence of the appropriate adult
What options does the police have in relation to charging juvenile suspects?
1) Options available to police after investigations are the same for juveniles as they are for adults
2) Juvenile may be denied bail after charge if the CO has reasonable grounds for believing that the juvenile ought to be detained in their own interests
- If this happens, the juvenile will usually be remanded into the care of the LA rather than at the PS pending their first appearance before the youth court.
3) Two situations where they may remain in police custody:
- (i) Impracticable to move the suspect to LA accommodation
- (ii) If the juvenile is aged at least 12, there is no secure LA accommodation available and keeping them in other LA accommodation would not be adequate to protect the public from serious harm from them
- (iia) Secure accommodation is accommodation provided for the purpose of restricting liberty
- (iib) An 11-year-old suspect would have to be remanded into LA care
How does the severity of the offence affect who decides to deal with a juvenile suspect?
Indictable-only offences will be referred to the CPS
First-time summary and either- way offences can be decided by the police
Second and subsequent offences will be by a joint decision from the police, following assessment by the Youth Offending Team
There are various alteratives to charging for juvenile suspects. One of these is a community resolution.
What is a community resolution?
Community resolution resolve a minor offence or anti-social behaviour incident through informal agreement of the parties
Starting point for out-of-court disposals
Aimed at 1st time offenders where there has been an admission of guilt and victim’s views have been considered
Not part of criminal record
When may a youth caution be given?
Offered where:
- (a) There is sufficient evidence to charge the offender with an offence;
- (b) the offender admits guilt; and
- (c) the police do not consider that the offender should be prosecuted or given a youth conditional caution in respect of the offence, ie it is not in the public interest to deal with the matter in another way.
A youth caution given to a person aged 17 or under must be given in the presence of an appropriate adult.
Seriousness of offence considered too
When may a youth conditional caution be given?
May be given where:
- (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 caution must be explained to the offender and they must be warned that failure to comply with any of the conditions may result in prosecution for the original offence (where the young person is aged 16 years or under, the explanation and warning must be given in the presence of an appropriate adult); and
- (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.
Conditions attached must have the aim of one or more of:
- Rehabilitation
- Reparation
- Punishment
Do cautions form a part of an individual’s criminal record?
Cautions are not criminal convictions, but a record of the cautions is retained by police and forms part of their criminal record
Failure to follow conditions can result in prosecution of the original offence
