Learning Outcomes
After reading this article, you will be able to identify who is considered a vulnerable client at the police station, explain the legal and procedural safeguards that apply, describe the role of the appropriate adult, and outline the solicitor’s responsibilities when representing vulnerable suspects. You will also be able to apply these principles to SQE1-style scenarios and avoid common pitfalls when advising or acting for vulnerable clients.
SQE1 Syllabus
For SQE1, you are required to understand the procedures and safeguards for representing vulnerable clients at the police station. Focus your revision on:
- the definition and recognition of vulnerability in suspects (including juveniles and those with mental health or communication difficulties)
- the legal framework for the treatment of vulnerable suspects under PACE 1984 and Code C
- the role and selection of the appropriate adult
- solicitor duties and ethical considerations when advising or representing vulnerable clients
- special considerations for police interviews and identification procedures involving vulnerable suspects
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the primary purpose of an appropriate adult during a police interview with a vulnerable suspect?
- Who is considered a "juvenile" for the purposes of police station procedures under PACE Code C?
- True or false? A solicitor can act as an appropriate adult for their own client if no other adult is available.
- What should a solicitor do if they suspect a client is not fit to be interviewed due to mental health concerns?
Introduction
When advising clients at the police station, solicitors must be alert to the possibility that a client is vulnerable. Vulnerable suspects require additional safeguards to ensure their rights are protected and that they can participate effectively in police procedures. This article explains how to identify vulnerability, the legal framework for safeguarding vulnerable clients, the role of the appropriate adult, and the solicitor’s responsibilities in these situations.
Recognising Vulnerable Clients
A client may be vulnerable due to age (under 18), mental health conditions, learning disabilities, communication difficulties, or other factors affecting their understanding or ability to participate.
Key Term: vulnerable suspect A person who, because of age, mental health, learning disability, or communication difficulty, may have difficulty understanding or participating in police procedures.
Key Term: juvenile A person under 18 years old. For police station procedures, anyone who appears under 18 is treated as a juvenile unless clear evidence shows otherwise.
Legal Safeguards for Vulnerable Clients
The Police and Criminal Evidence Act 1984 (PACE) and Code C set out specific protections for vulnerable suspects. These include the right to an appropriate adult, limits on police interviews, and requirements for clear communication.
Key Term: pace code c The Code of Practice under PACE 1984 governing the detention, treatment, and questioning of suspects by police, including special rules for vulnerable persons.
Key Term: appropriate adult An adult who supports and safeguards the interests of a vulnerable suspect during police procedures, ensuring fair treatment and effective communication.
When Must an Appropriate Adult Be Provided?
An appropriate adult must be present for all interviews, identification procedures, and when a vulnerable suspect is asked to provide or sign a written statement. The appropriate adult must also be present for the giving of the police caution.
Who Can Be an Appropriate Adult?
For juveniles, the police should first contact a parent or guardian, then a social worker, and if neither is available, another responsible adult aged 18 or over who is not connected to the police. For adults with mental health conditions or disorders, a relative, carer, or someone experienced in supporting vulnerable people may act.
Who Cannot Be an Appropriate Adult?
A solicitor acting for the suspect, a police officer, a victim, a witness, or anyone involved in the investigation cannot act as the appropriate adult.
The Role of the Appropriate Adult
The appropriate adult is not just an observer. Their duties include:
- supporting, advising, and assisting the suspect
- ensuring the police act properly and fairly
- helping the suspect understand their rights and the process
- promoting communication between the suspect and police
Worked Example 1.1
Scenario: A 16-year-old is arrested for theft. Her mother is unavailable, and the police ask her teacher to act as the appropriate adult. During the interview, the teacher helps explain questions and ensures the girl understands her rights.
Answer: The teacher can act as the appropriate adult if a parent or social worker is unavailable, provided they are not involved in the investigation. The teacher’s role is to support and assist the juvenile, not simply to observe.
Solicitor Duties When Representing Vulnerable Clients
Solicitors must take extra care to ensure vulnerable clients understand their rights and the implications of decisions. This includes:
- using clear, simple language
- checking the client’s understanding regularly
- ensuring the appropriate adult is present when required
- intervening if the client appears unfit for interview or does not understand the process
Solicitors must also be alert to signs of vulnerability that may not be immediately obvious, such as confusion, distress, or difficulty answering questions.
Worked Example 1.2
Scenario: A 22-year-old man with learning difficulties is arrested for assault. The solicitor notices he struggles to answer basic questions and seems confused about the process.
Answer: The solicitor should inform the custody officer of their concerns and request an appropriate adult. The interview should not proceed until an appropriate adult is present and the client is fit to be interviewed.
Special Considerations for Police Interviews
Police interviews with vulnerable suspects must be conducted with additional safeguards:
- The appropriate adult must be present throughout.
- The police caution must be given in the presence of the appropriate adult.
- The solicitor should monitor the client’s understanding and intervene if necessary.
- If the client appears unfit for interview (due to mental health, intoxication, or distress), the solicitor should request a delay and, if needed, a medical assessment.
Worked Example 1.3
Scenario: A 15-year-old with ADHD is being interviewed about shoplifting. The solicitor notices the client is distracted and not following the questions.
Answer: The solicitor should ask for breaks, ensure the appropriate adult helps keep the client focused, and check understanding after each question. If the client cannot participate effectively, the interview should be postponed.
Identification Procedures and Vulnerable Clients
When a vulnerable suspect is asked to participate in an identification procedure (such as a video identification or parade), special rules apply:
- Consent must be obtained from both the juvenile (if 14 or over) and their parent/guardian, or from the parent/guardian alone if under 14.
- The appropriate adult must be present for all procedures.
- The solicitor should check that the procedure is fair and that the client understands what is happening.
Charging and Bail Decisions for Juveniles
When a juvenile is charged, the custody officer must inform the appropriate adult and provide them with the charge sheet. If bail is refused, the juvenile is usually remanded to local authority accommodation unless impracticable or, for those aged 12 or over, no secure accommodation is available and detention is necessary to protect the public.
Alternatives to Charging Juveniles
For minor offences, alternatives to prosecution include community resolution, youth cautions, and youth conditional cautions. These require an admission of guilt and the presence of an appropriate adult.
Summary
Vulnerable clients at the police station require additional safeguards under PACE 1984 and Code C. Solicitors must ensure the appropriate adult is present, use clear communication, and intervene if the client is unfit for interview. The appropriate adult’s role is active, supporting and assisting the suspect throughout police procedures. Special rules apply to interviews, identification procedures, and charging decisions for juveniles and other vulnerable suspects.
Key Point Checklist
This article has covered the following key knowledge points:
- Vulnerable suspects include juveniles, those with mental health conditions, learning disabilities, or communication difficulties.
- PACE 1984 and Code C require an appropriate adult for vulnerable suspects during interviews and identification procedures.
- The appropriate adult supports, advises, and assists the suspect, ensuring fair treatment and understanding.
- Solicitors must use clear language, check understanding, and intervene if the client is unfit for interview.
- Special procedures apply to identification, charging, and bail decisions for vulnerable clients.
Key Terms and Concepts
- vulnerable suspect
- juvenile
- pace code c
- appropriate adult
