Unit 1 – Representing vulnerable client Flashcards
What categories of vulnerable suspects are there?
1) Juveniles (10-17 inclusive)
2) Mental health / disorder
3) deaf / blind / unable to speak
4) Cannot speak english
If a juvenile has been arrested, what must the solicitor do?
find out the person responsible for their welfare.
Where the suspect doesnt speak english, what must the custody officer do?
obtain interpretor
Where the suspect is blind / visually impaired?
custody officer must ensure there is someone likely to take an interest in their welfare
Who/ what is an approriate adult?
Hierarchical order the police should follow when contacting an appropriate adult for a juvenile as follows:
(a) Juvenile’s parent/guardian (or representative from the local authority where the juvenile is in local authority care) to act as an appropriate adult.
(b) If no-one in (a) is available, the police then need to ask a social worker from the local authority to act as an appropriate adult.
(c) If (b) is not available, the police should then contact another responsible adult who is aged 18 or over and is not connected to the police. (E.g., could be an aunt/uncle or a grandparent, although the adult must be 18 or over, the police may consider someone who is only just 18 or over not to be sufficiently responsible to fulfil the role.
An appropriate adult for a suspect with a mental health condition / disorder will be:
- A relative, guardian or other person responsible for that person’s care/custody
- Someone experiences in dealing with vulnerable people; or
- Some other responsible adult.
Can a solicotr be an appropriate adult?
No.
What is role of appropriate adult?
- To support, advise and assist the suspect, especially when being questioned
- To ensure that the suspect understands their rights whilst at the police station and the role played by the appropriate adult in protecting these rights
- Observe whether 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.
KEY NOTE – Not the role of the AA to provide legal advice and any conversations between the AA and the suspect are not covered by legal privilege.
Can a juvenile be forced to have legal advice where they are adamant against it?
NO.
What does the AA need to be informed of at interview?
When AA is in interview, they must be informed of their role:
(a) Advising the person being interviewed
(b) Observing whether the interview is being conducted properly and fairly
(c) Facilitate communication with the person being interviewed.
(d) AA should be involved where there are doubts about suspect’s age, address, mental state or capacity.
Can an AA be removed?
Yes – If their conduct is such that the interviewer is unable properly to put questions to the suspect.
Removing an AA:
- Interviewing officer will stop the interview and consult an officer not below superintendent rank, if none is available, then an officer not below inspector rank, not connected with the investigation.
- Consulted officer then reminds the AA of their role and decides if they should stay (need to give the AA an opportunity to respond). If they decide they should go (AA), another appropriate adult must replace them before the new interview commences.
When is a youth caution given?
(a) Where there is sufficient evidence to charge the offender with an offence;
(b) Where the offender admits that they committed the offence; and
(c) Where the police do not consider that the offender should be prosecuted or given a youth conditional caution in respect of the offence, i.e., 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.
Police consider seriousness of the offence in deciding whether or not to give a caution.
What are the requirements of a youth conditional caution?
(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 (usually in a police interview);
(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.
What are the type of conditions on a conditional caution?
- Rehabilitation
- Reparation
- Punishment.
A) Summary only offence = All rehabilitative, reparative and punitive conditions must be capable of being completed within 16 weeks of the date of the original offence.
B) Offence triable either way or an indictable-only offence = a period of longer than 16 weeks from the date the conditional caution is administered is acceptable, depending on the case, but it must not exceed 20 weeks.
Advantages / disadvantages youth caution
Youth cautions/ conditional cautions: Advantages:
(a) Avoids the client being charged with the offence and having to appear at the youth court
(b) Cautions are not criminal convictions.
Disadvantages:
(a) Record of cautions will be retained by the police, including having finger prints, photographs and DNA samples taken.
(b) Although it is not a conviction, by accepting a youth caution, it is an admission of guilt and so may be referred to if an employer makes a Criminal Records Bureau check.
(c) May be disclosed to an employer/prospective employer.
(d) Police must refer client to appropriate youth offending team who will assess the client and must arrange for them to participate in a rehabilitation programme (unless inappropriate to do so).
(e) Failure to comply with any conditions imposed under a conditional youth caution can result in prosecution for the original offence.
(f) Any youth cautions given and/or any report on a failure by a person to participate in a rehabilitation programme may be cited in criminal proceedings similar to how a conviction may be cited.
(g) If the offence is covered by Part 2 of the Sexual Offences Act 2003 = the client will be placed on the sex offenders register.
