my son has been accussed of abusing afriend 10 years ago

[Rights Fighter]

We cross-posted Jen! Great minds think alike.......

[anxiousmum]

yes he had his care coordinater with him but to be honest I don't think she is much cop and did not say an awfull lot during the interviews!

[largactyl1]

Has his Care co-ordinator had specific Appropriate Adult (I knew it was responsible or approp. or something - Rights Fighter is the lady that knows stuff so it must be "appropriate") training by his/her Mental Health Team? I know where I live that only those with specific training can be involved in an interview. If the Care co was not trained would any interview be cancelled and have to start again??? (I'm hoping someone can answer that bit).
Kind Regards
Jen

[lawlessone2009]

Sorry for my pretty meaningless inputs.

I was beyond tired. I will attempt to restrain myself in future and stop providing opinions and attempt to provide advice.

I believe a lot of ground has been covered since my disasterous posting and I am hoping that you have either already exhausted all these avenues or you have gained some extra knowledge/insight.

You really need to push your legal team for answers. Don't let them walk over you and your boy, they're collecting the money and going home to their families your boy might not get that opportunity if he doesn't have everyone looking out for his best interests. You're more than doing your bit and sure turned up in the right place for advice but if you feel the legal team isn't then I would start a complaints procedure so that it is all documented. If need be sit with your son and re-write a defence statement with the help of people on here (raise your questions and get your answers). Have it all documented and laid out then pass to your legal team and have them use it. Your legal team is merely your legal representation, they work for YOU not the other way about. Tell them to get their fingers out and start doing some work.

Rights Fighter will probably be able to advise far clearer than me but it is my understanding that you have to document everything just now so that if your legal team fails to provide adequate legal defence then you can later raise this as a ground on appeal.

[Casehardened]

Sorry for my pretty meaningless inputs.

I was beyond tired. I will attempt to restrain myself in future and stop providing opinions and attempt to provide advice.

Please don't beat yourself up about this L1, (let us do it if necessary )

In all seriousness, you naturally will look at this from the Scottish angle, and it was your puzzlement about whether anxiousmum's son was to stand trial or not:

I'm a little confused. He is unable to stand trial but there is a trial by jury at the end of this month... Who's actually standing trial?

that prompted me to dig for this link:

Rights Fighter
Many thanks to Casehardened who has sent me this link

http://www.cps.gov.uk/legal/l_to_o/m...red_offenders/

which RF studied and dissected and came up with several superb arguments from the CPS's own guidelines as to why they should not be putting the poor boy through the ordeal of a trial!

Hopefully anxiousmum will pass these on to her legal team and they will endeavour to get the case discontinued.

All this goes to show that we all work together on a team on the forum and your input is as valuable as anyone's; remember that sometimes just by asking a question, a train of thought is put into motion.

[anxiousmum]

absolutely no offence taken and it was my fault for not being clear about what was happening with the case.
I have printed off the link which indeed seems useful and will take it to the sol, who did not pick up his phone last night, surprise surprise, but feel much stronger now to pursue him after all the great support you have all given us.
Thank you

[Rights Fighter]

yes he had his care coordinater with him but to be honest I don't think she is much cop and did not say an awfull lot during the interviews!

The appropriate adult is not there to answer for him or to intervene as such, but to make sure his demeanour is ok and he is not feeling that he is being bullied. They cannot do much else. They are basically there to check that the officers question him appropriately and have due regard for his condition.

[Rights Fighter]

Has his Care co-ordinator had specific Appropriate Adult (I knew it was responsible or approp. or something - Rights Fighter is the lady that knows stuff so it must be "appropriate") training by his/her Mental Health Team? I know where I live that only those with specific training can be involved in an interview. If the Care co was not trained would any interview be cancelled and have to start again??? (I'm hoping someone can answer that bit).
Kind Regards
Jen

Jen it can be either as far as I know, 'responsible' or 'appropriate' adult. As far as I know there is no training. I've known a parent sit in as AA if they are not giving evidence.

I think they are basically there to remind the officers to go careful as they would be witnesses if they did not. Maybe somebody could research this to double check?

[Izzy]

Going by the Mind website -

The Appropriate Adult can be a member of your family, a mental health worker or some adult independent of the police. The appropriate adult cannot be the solicitor. The police may ask you who you would like to attend.

You can tell them who you prefer and feel most comfortable with. The police will decide, in the end, and will probably contact the person who can arrive at the police station the soonest.

The Appropriate Adult has several roles. First of all, he or she should help you get a solicitor, if one has not been made available to you.

The Appropriate Adult will ask you how you are and if there is anything you need to make you comfortable and at ease. If the police have not called a doctor, then the Appropriate Adult will request that the police call one.

He or she will help you to communicate with the police. For this reason, you must take advice from your solicitor about what you say to the Appropriate Adult, because they may tell the police something you would rather remained confidential between your solicitor and yourself.

If you are questioned by the police about an alleged offence, this must be done in the presence of the Appropriate Adult, who should advise you and tell the police whether they think the interview is fair or not. They will, for instance, decide whether or not you understand the police questions and the answers you give, and whether you agree with the police because you feel you ought to rather than because it is the truth. They are not, however, present to persuade you to answer questions and must respect any decision you have made not to answer questions, with or without legal advice.


http://www.mind.org.uk/help/rights_a...and_the_police

[Rights Fighter]

Thanks very much for this Izzy. I shall use this on my forum. Excellent stuff!

[anxiousmum]

thank you again very helpful. She did seem to encourage him to answer questions and not chech how he was and did not make sure that the police questioned him appropriately.
When I do eventually get a meeting with his legal team I shall be putting all of this to them!
Can't believe how much help I am getting from you guys, really helpful thank you so much.

[Rights Fighter]

To be fair, she was not there to discourage him to answer questions. Whether the police questioned him appropriately (or not) will come out on the interview tape(s) and the transcript of the tapes. They need to be checked against the tape in case there are are discrepancies. It's unlikely your son or you will have those tapes although you may be allowed to listen to them in the sols office - same as the complainant's interview DVD.

I have to say that I am rather dismayed at the solicitor's apparent lack of action and contact at this late stage.

[lawlessone2009]

I have to say that I am rather dismayed at the solicitor's apparent lack of action and contact at this late stage.

Something that the OP should pursue and have documented. How would this be done?

[Rights Fighter]

All she can do is to threaten them with an official complaint to the Law Society and follow that complaint up if they do not get an interview with the sol soon. It's at a very late stage and may be difficult to change representation but not impossible - considering the circumstances of the case. Do we know where OP lives? Local big town and county will do no need for other ID info.

[largactyl1]

In our area, anyone from Mental Helath services who acts as Appropriate Adult has to have specific training. I guess that a friend or relative would not as you say.

I really hope this can all be sorted for you Anxiousmum. I truly feel for you and your boy.

Lv Jen x