Vulnerable Suspects: Legal Representation Guide

A suspect who has a diagnosed mental health condition or mental disorder.

A suspect who is under the age of 18, but at least 10 years old. They are considered more vulnerable than adults due to immaturity and limited understanding of legal processes.

A process used by police to evaluate a suspect's potential risk to themselves, others, and staff.

Any person who, due to their mental health condition, might need extra support and protection in a police station.

When a suspect cannot communicate in English, the police must provide an interpreter or someone who can assist with communication.

If a suspect has a visual impairment, the police must arrange for someone (not involved in the investigation) to assist with checking documents and information.

When a suspect is deemed vulnerable, special safeguards and procedures are put in place to protect their rights and ensure fair treatment.

Legal representatives should be aware of the special needs and rights of vulnerable suspects and advocate for their protection.

A person who has difficulty understanding or communicating the implications of legal processes, especially those related to arrest, detention, interviews, and rights. This can be due to impairments like learning disabilities, mental health issues, or substance abuse.

A police code that outlines procedures for dealing with individuals who are mentally vulnerable or may have a learning difficulty.

The legal age at which a person can be held criminally responsible for their actions in England and Wales.

An individual appointed to support and assist a vulnerable suspect or juvenile during police procedures. They ensure the person understands their rights and the process.

A relative, guardian, or someone experienced in dealing with vulnerable persons, independent of the police, appointed to guide a vulnerable adult.

A parent, guardian, social worker, or another responsible adult independent of the police, appointed for a juvenile.

Someone who is suspected of involvement in the offense, the victim, or involved in the ongoing investigation.

The key role of an Appropriate Adult is to support, advise, and assist the vulnerable person, ensuring they understand their rights and the procedures.

Vulnerable suspects are entitled to legal advice and have a right to an Appropriate Adult. The police must inform the suspect about these rights.

This code emphasizes proactive steps to identify vulnerabilities and provide appropriate support. This includes recording any indicators of vulnerability for future reference.

A juvenile aged 14 or over requires consent from both themselves and their parent/guardian, while a juvenile under 14 requires consent from the parent/guardian only.

An AA must be present during key procedures, such as interviews and identification procedures, as they help the suspect understand the situation and ensure fair treatment.

An AA should advise the suspect, ensuring that their rights are respected, observe the interview, and facilitate communication between the suspect and the officer.

If an AA's conduct hinders the interview process, the officer may consult with a senior officer to decide whether the interview should continue without the AA.

While an AA can request the presence of a legal representative, they cannot provide legal advice to the suspect. This is the responsibility of the legal representative.

A legal representative should ensure that their vulnerable client understands their rights and the process, adapting communication strategies and proactively identifying vulnerabilities.

The legal representative should ensure the client is fit to be interviewed and should be alert to potential risks associated with their vulnerabilities.

The legal representative should prioritize the suspect's well-being, ensuring they are not subjected to unfair or unnecessary questioning, and advocating for their rights in the interview.

The relationship between the legal representative and the suspect takes precedence over the AA's role, even if the AA requested the legal representative.

A police decision to not press charges against a juvenile offender, acknowledging that no further action is warranted. This is usually due to lack of evidence or insufficient grounds for prosecution.

An informal, out-of-court resolution process for minor juvenile offenses. It involves an agreement between the parties involved to resolve the issue without formal court procedures.

A formal reprimand given to a young person who admits to a crime. It requires sufficient evidence for a possible conviction, but prosecution is deemed not in the public interest.

A conditional warning given to a juvenile who admits to a crime. It involves specific requirements the young person must meet to avoid prosecution. These conditions can be reparative, rehabilitative, or punitive in nature.

A formal record that is kept by police and can affect future employment and sentencing decisions. It includes both youth cautions and conditional cautions, although not technically a conviction.

A legal professional who represents the suspect's interests in the police station. They provide legal advice, ensure the suspect's rights are respected, and advocate for their protection.

The solicitor should initially speak to the suspect without the AA present. This is important to ensure confidentiality and legal privilege, which could be compromised if the AA is present.

The police must inform the person responsible for the juvenile's welfare (e.g., parent, guardian) about their arrest and location as soon as possible.

Juveniles can only be placed in a cell if no other secure accommodation is available and the custody officer deems it necessary due to safety concerns or lack of supervision.

The police must consider the best interests of the juvenile, including whether prosecution could have a disproportionate impact on their future compared to the crime committed.

The aim of the youth justice system is to prevent future offending by children and young people. This should be considered when dealing with juvenile suspects.

The written notice explaining the charges against the suspect must be given to the AA. This ensures the AA can understand the charges and support the juvenile in responding to them.

There's an additional ground for refusing bail for juveniles if the custody officer believes it is in the juvenile's best interests to be detained.

If bail is refused, the juvenile must be transferred to local authority accommodation unless alternative arrangements are necessary due to impracticality or safeguarding concerns.