Representing Vulnerable victims Flashcards
What are the four categories of vulnerable suspects a solicitor may represent?
○ Juveniles (suspects aged 10-17)
○ Suspects with a mental health condition or mental disorder
○ Suspects who are deaf, unable to speak, or blind
○ Suspects who cannot speak or understand English
What is an “appropriate adult” in the context of vulnerable suspects?
A person who attends the police station to provide support and assistance to a juvenile or a suspect with a mental health condition.
What is the hierarchy for finding an appropriate adult for a juvenile suspect?
- Juvenile’s parent or guardian (or local authority representative if the juvenile is in care)
- A social worker from the local authority
- Another responsible adult aged 18 or over and not connected to the police.
Can a solicitor be an appropriate adult for their client?
No. A solicitor should never be an appropriate adult because the appropriate adult’s support is in addition to legal advice.
List three individuals who cannot act as an appropriate adult.
○ Police officers or police employees.
○ Interested parties such as victims, other suspects, potential witnesses.
○ A person to whom the suspect has made admissions before being asked to be the appropriate adult.
What are the key roles of an appropriate adult?
○ Support, advise, and assist the suspect, especially during questioning.
○ Ensure the suspect understands their rights and the appropriate adult’s role.
○ Observe whether the police are acting properly, fairly, and respectfully.
○ Assist with communication between the suspect and the police.
What are the circumstances where a youth caution can be given?
○ Sufficient evidence to charge the offender.
○ The offender admits to the offense.
○ Police determine it’s not in the public interest to prosecute or give a youth conditional caution.
List three advantages of a client accepting a youth caution.
○ Avoids being charged and appearing in court.
○ It’s not a criminal conviction.
○ Provides an opportunity for rehabilitation.
What are three consequences of accepting a youth caution?
○ A record is kept by the police, including fingerprints, photographs, and DNA.
○ Can be cited in future criminal proceedings.
○ May need to be disclosed to employers
Under what circumstances may a juvenile be kept in police custody after being charged?
○ It’s impractical to move the suspect to local authority accommodation.
○ The juvenile is at least 12 years old, no secure local authority accommodation is available, and other accommodations wouldn’t adequately protect the public.
