Podcast
Questions and Answers
Which of the following alternatives to charging juveniles may involve a formal agreement between the police and the parties involved?
Which of the following alternatives to charging juveniles may involve a formal agreement between the police and the parties involved?
Youth cautions can result in a criminal record for the juvenile.
Youth cautions can result in a criminal record for the juvenile.
False
What must the police do when a Youth Caution is given?
What must the police do when a Youth Caution is given?
Notify the Youth Offending Team (YOT)
A youth conditional caution may be given when the young person admits the offence and the public interest is best served by compliance with ______.
A youth conditional caution may be given when the young person admits the offence and the public interest is best served by compliance with ______.
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Match the following outcomes with their descriptions:
Match the following outcomes with their descriptions:
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What should the custody officer do if a suspect does not speak or understand English?
What should the custody officer do if a suspect does not speak or understand English?
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Juveniles are considered suspects if they are aged between 8 and 16.
Juveniles are considered suspects if they are aged between 8 and 16.
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What is one category of suspects considered potentially vulnerable?
What is one category of suspects considered potentially vulnerable?
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A suspect who is blind must have someone to help them check any ________.
A suspect who is blind must have someone to help them check any ________.
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Match the following categories of vulnerable suspects with their descriptions:
Match the following categories of vulnerable suspects with their descriptions:
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Which of the following is NOT a responsibility of the custody officer when dealing with vulnerable suspects?
Which of the following is NOT a responsibility of the custody officer when dealing with vulnerable suspects?
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An appropriate adult must be someone involved in the investigation.
An appropriate adult must be someone involved in the investigation.
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What is the purpose of conducting a risk assessment for suspects?
What is the purpose of conducting a risk assessment for suspects?
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What is the age range defined as a juvenile suspect in the context of this content?
What is the age range defined as a juvenile suspect in the context of this content?
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A person with a learning difficulty is usually considered to have a mental disorder.
A person with a learning difficulty is usually considered to have a mental disorder.
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What must be done if the police suspect someone may be mentally vulnerable?
What must be done if the police suspect someone may be mentally vulnerable?
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An appropriate adult must be informed about a vulnerable suspect's detention as soon as possible and requested to attend the __________.
An appropriate adult must be informed about a vulnerable suspect's detention as soon as possible and requested to attend the __________.
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Match the following roles of the appropriate adult with their responsibilities:
Match the following roles of the appropriate adult with their responsibilities:
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Which of the following can act as an appropriate adult?
Which of the following can act as an appropriate adult?
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Juvenile suspects do not require an appropriate adult if they are legally represented.
Juvenile suspects do not require an appropriate adult if they are legally represented.
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What is a key role of the appropriate adult during police questioning?
What is a key role of the appropriate adult during police questioning?
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A vulnerable suspect capable of making an informed choice should have input into who should act as their __________.
A vulnerable suspect capable of making an informed choice should have input into who should act as their __________.
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Match the following individuals with their potential to act as an appropriate adult:
Match the following individuals with their potential to act as an appropriate adult:
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Who must consent when a juvenile suspect aged 14 or over is involved in an identification procedure?
Who must consent when a juvenile suspect aged 14 or over is involved in an identification procedure?
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An appropriate adult may provide legal advice to a vulnerable suspect.
An appropriate adult may provide legal advice to a vulnerable suspect.
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What must an appropriate adult (AA) do if they are concerned about the interview's fairness?
What must an appropriate adult (AA) do if they are concerned about the interview's fairness?
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If a juvenile suspect is under 14, consent must be obtained from their __________.
If a juvenile suspect is under 14, consent must be obtained from their __________.
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Match the following roles with their responsibilities:
Match the following roles with their responsibilities:
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What should you do if you have concerns about a client’s fitness for an interview?
What should you do if you have concerns about a client’s fitness for an interview?
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A vulnerable suspect can be forced to see a legal representative requested by the appropriate adult.
A vulnerable suspect can be forced to see a legal representative requested by the appropriate adult.
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What is one potential risk when interviewing a vulnerable suspect?
What is one potential risk when interviewing a vulnerable suspect?
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An appropriate adult must be present when a suspect has a mental health __________.
An appropriate adult must be present when a suspect has a mental health __________.
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What is the primary role of an Appropriate Adult in a police interview?
What is the primary role of an Appropriate Adult in a police interview?
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What is recommended regarding the initial meeting with a client at the police station?
What is recommended regarding the initial meeting with a client at the police station?
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An AA is legally obligated to keep all information confidential between themselves and the client.
An AA is legally obligated to keep all information confidential between themselves and the client.
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What should be communicated to the AA regarding their role during the interview?
What should be communicated to the AA regarding their role during the interview?
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A juvenile must be kept separate from ______ suspects.
A juvenile must be kept separate from ______ suspects.
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Match the following responsibilities with their respective parties:
Match the following responsibilities with their respective parties:
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When is it permissible to detain a juvenile in a cell?
When is it permissible to detain a juvenile in a cell?
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Parents or guardians must always be informed of a juvenile's arrest immediately.
Parents or guardians must always be informed of a juvenile's arrest immediately.
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What must the custody officer ascertain about a juvenile?
What must the custody officer ascertain about a juvenile?
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If charged, the written notice given to the AA is known as the ______.
If charged, the written notice given to the AA is known as the ______.
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What consideration is crucial when deciding on the prosecution of a juvenile?
What consideration is crucial when deciding on the prosecution of a juvenile?
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Study Notes
Vulnerable Suspects: Legal Representation Guide
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Categories of Vulnerable Suspects: Suspects with mental health conditions, juveniles (10-17), those with hearing/speech/visual impairments, and those who cannot understand English.
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Legal Duty & Challenge to Police Judgments: Solicitors must consider the special needs of vulnerable clients and should challenge police assessments of vulnerability and treatment.
Mental Health Conditions/Disorders
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Risk Assessment: Custody officers must conduct risk assessments for suspects with mental health conditions, determining potential risk to themselves and others. Refer to OUP manual for details on risk assessment.
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Vulnerability Definition (Code C): Vulnerability is broadly defined by Code C, encompassing suspects who might have difficulty understanding procedures, lack comprehension of questions/answers, or easily accept suggestions without understanding. Police should treat those suspected of vulnerability as such unless clear evidence shows otherwise.
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Learning Difficulties: Learning disabilities are not mental disorders unless tied to aggressive/irresponsible conduct, but they can still be considered mentally vulnerable under Code C. Alcohol/drug dependence isn't a mental disorder, but dependence can indicate mental vulnerability for PACE purposes.
Juveniles
- Vulnerability Classification: Suspects under 18 years old (10-17 depending on English/Welsh law) are treated as vulnerable. The police must treat anyone appearing to be under 18 as a juvenile, unless proven otherwise.
Appropriate Adult (AA)
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AA Requirements: An AA must be present when a suspect is assessed as vulnerable at a police station.
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AA Types: An AA can be a relative, guardian, someone experienced in dealing with vulnerable people. For juveniles, it could be a parent, guardian or, if the child is under local authority care, a local authority representative or social worker. Otherwise, a suitable adult over 18, independent of police.
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AA's role is not just observing; it's supporting, advising, ensuring the suspect understands their rights and whether the police are acting fairly. An AA must be informed not to obstruct questioning.
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Consent and other procedures in relation to children and vulnerable suspects are regulated. For example, consent for juveniles 14+ requires consent from them and their parent/guardian. Consent for under-14s requires consent from parent/guardian alone. If a mental health condition/disorder exists, consent must be given in the presence of an AA.
Legal Representative (Solicitor) Role
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Communication: Clear communication with vulnerable clients is essential. Establish rapport, especially with juveniles.
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Hidden Vulnerabilities: Be proactive in identifying hidden vulnerabilities.
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Interview Preparation and Concerns: Ensure a vulnerable client is fit for interview. Be prepared and vigilant for unfair or inappropriate questioning. Prepare client for short, clear questions, and approach hypothetical questions carefully. If concerns of client fit for interview arise, they must be recorded. Consider the heightened risk a vulnerable suspect might provide incriminating evidence or undermine credibility.
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AA Dynamics: Solicitor's client is the vulnerable suspect, not the AA. Obtain client instructions, not AA instructions. Meet with and consult client absent the AA, even though the AA may not be bound by confidentiality/legal privilege. Potential divergence of views between solicitor and AA should be monitored. Warn client about possible disclosure by the AA.
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AA Instructions: Lay out ground rules and the roles of the lawyer and the appropriate adult. Remind the AA that the suspect is the client. Ensure the AA is fully informed, feels useful, but confines their actions to their role.
Juvenile Specific Considerations
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Informing Welfare: Custody officers must promptly inform the person responsible for the juvenile's welfare about their arrest, location, and reason. This is separate from PACE s. 56 rights.
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Juvenile Detention: Juveniles must not be placed in adult cells unless absolutely necessary. Juvenile detention rooms should be used preferentially. Juveniles should be kept separate from adults.
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Charging Considerations: Consider juvenile welfare and youth justice system aims when charging decisions are made. Charge sheet should be given to AA.
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Bail Refusal: Special grounds for refusing bail for juveniles exist if detention is deemed in their best interests.
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Alternative to Charging: Several options exist for out-of-court resolutions for juvenile cases (no further action, community resolution, youth caution, youth conditional caution). A Youth Officer (YOT) should be involved in the assessment for youth cautions or youth conditional cautions to ensure the outcome is appropriate.
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Consequences of Cautions: Serious consequences exist and lawyers should ensure that the clients are fully informed.
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Description
This quiz covers the critical aspects of legal representation for vulnerable suspects, including definitions, categories, and police responsibilities. It highlights the importance of understanding the needs of individuals with mental health conditions, juveniles, and those with communication barriers. Test your knowledge on the legal obligations and assessment procedures for these groups.
