Representing Vunerable Clients

Question 1

Who are potentially vulnerable clients?

Answer 1

• Juveniles (10-17)
• suffer mental health conditions or mental disorder
• death, blind or unable to speak
• cannot speak or understand English

Question 2

Girl under 18 should be in the care of a women

Question 3

Who would be the appropriate adult for juvenile (hierarchical order)?

Answer 3

• Parent or guardian
• social worker from local authority
• responsible adult (18+) not connected to police (aunt, uncle…)

Question 4

Who would be the appropriate adult for a suspect with mental health condition or mental disorder?

Answer 4

• Relative, guardian or person responsible for that persons care or custody
• someone experienced in dealing with vulnerable people or
• some other responsible adult

Question 5

Who should NOT fulfil the role or appropriate adult?

Answer 5

• Police officers or person employed by the police
• The victim of the offence, another suspect, potential witness
• Estranged parent (only it juvenile expressly objects)
• Solicitor

Question 6

Appropriate adult role is to provide suspect with legal advice

True or false?

Answer 6

False, appropriate adult actually needs to consider whether a solicitor is required (juvenile or mentally vulnerable suspect does not have a say this)

Question 7

What should the solicitor tell the appropriate adult about their role?

Answer 7

They should not answer the questions on behalf of the suspect instead make sure the vulnerable person understands the question

Question 8

Why would an apprioate adult may be required to leave during interview?

Answer 8

If their behavior stops the questions or the suspect’s answers

Question 9

How should the police act correctly when removing the approratiate adult? (which officers)

Answer 9

Interviewing officer will stop interview and consult officer not below superintendent rank (if not aviable then not below the rank of inspector and not part of the investigation)

Question 10

What’s the purpose of the appropriate adult

Answer 10

• Advise the person being interviewed
• observe whether interview is being conducted property & fairly
• facilitate communication

Question 11

What conditions apply for vulnerable people where any procedure in code D requires a persons consent?

Answer 11

• 14 or over → juvenile & their parent/guardian
• under 14 → parent/guardian
• suffering from mental health condition or mental disorder → consent given in presence of appropriate adult

Question 12

What are the 2 situation a juvenile may be kept in police custody after charge

Answer 12

1. Impracticable to move suspect to local authority accommodation or its not available
   OR
2. If aged at least 12 and they can potentially cause harm to others in local authority accommodation

Question 13

What’s the alternatives to charging juveniles?

Answer 13

• Community resolution
• youth cautions
• youth conditional cautions

Question 14

When can a Community Resolution be offered?

Answer 14

First time offenders where there is an admission of guilt

Question 15

When would a Youth cautions be offered?

Answer 15

• There is sufficient evidence to charge the offender with an offence
• offender admits they committed the crime
  And
• police do not consider they should he prosecuted or given a youth condition

Given in presence of apprigate adult

Question 16

What are the requirements of Youth conditional cautions?

Answer 16

• sufficient evidence to chaise the offender with an offence
• offender admits they committed the crime
• Effect of youth conditional caution and warned failure to comply may result in prosecution for original offence (aged 16 or under, this needs to be explained in presence of app adult)
• Offender must sign document (contains details of offence, their admissions and details of conditions attached)

Question 17

What are the conditions attached to youth conditional causation?

Answer 17

-Rehabilitation
- Reparation
And/or
-Punishment

Question 18

How long would they have to do youth conditional causation?

Answer 18

16 weeks of date of original offence → summary only offence
Longer than 16 weeks but not exceeding 20 weeks → either way or indictable only offence

Question 19

What are the advantages of client accepting such caution?

Answer 19

-Avoids being charged & appearing a youth court
- not criminal convictions

Question 20

What are the disadvantages of accepting such cautions?

Answer 20

Finger prints, photos and DNA sample retained
Admission of guilt the causation will form part of of clients criminal record
Failure to comply can result in prosecution for original offence