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Prisoners' voices: experiences of the criminal justice system by prisoners with learning disabilities
- Author:
- TALBOT Jenny
- Journal article citation:
- Tizard Learning Disability Review, 15(3), July 2010, pp.33-41.
- Publisher:
- Emerald
This article is based on a UK-wide programme of work run by the Prison Reform Trust entitled No One Knows and, in particular, on interviews with prisoners conducted as part of the No One Knows programme. No One Knows aims to effect change by exploring and publicising the experiences of people with learning disabilities and learning difficulties who come into contact with the police and who subsequently enter the criminal justice system and the effect that their impairments have on their ability to cope with the criminal justice process. The research was undertaken in 2007 and involved 173 interviews in 14 prisons; 10 of which were in England and Wales and 4 in Scotland. Of these interviews 154 were conducted with prisoners identified by staff as having learning disabilities or difficulties, and 19 were conducted with comparison prisoners without learning disabilities or difficulties. Prisoners were asked about their experiences of the criminal justice system, including at the police station, in court and in prison, and about their aspirations for the future. The findings demonstrate the difficulties that the prisoners have with: reading and writing; understanding and being understood; prison rules and discipline; being scared and bullied; support with daily living; and depression and anxiety. The article concludes that, once in the criminal justice system, people with learning disabilities and difficulties struggle to cope. At worst this can affect their right to a fair hearing in court and, if they are sentenced to custody, may mean longer in prison.
Adult defendants with learning disabilities and the criminal courts
- Authors:
- TALBOT Jenny, JACOBSON Jenny
- Journal article citation:
- Journal of Learning Disabilities and Offending Behaviour, 1(2), July 2010, pp.16-26.
- Publisher:
- Emerald
Following on the Prison Reform Trust’s ‘No One Knows’ programme (2006-2009) briefing papers were published (Appendix 1). This paper acknowledges that 5-10% of offenders in the UK are people with learning disabilities (LD) and have few provisions made to ensure that they understand and can participate effectively in the criminal justice proceedings of which they are a part. These authors advise that if people with LD cannot participate effectively, prosecution is often deemed inappropriate and they may be diverted from criminal justice into health care. This article defines the legal framework in terms of the ‘fitness to plead’, ‘right to a fair trial’, ‘Disability Discrimination Act 2005’ and the inclusion agenda. It also details defendants’ own accounts of court experiences. The article then describes measures, such as liaison and diversion schemes, which could be put into place to support and maximise defendants’ changes of participating effectively in the law courts. A final section entitled ‘court disposals’ deals with outcomes is terms of diversion away from the criminal justice system, using the Mental Health Act 1983, as amended in 2007. These authors claim, in terms of statutory provision, a lack of parity between vulnerable witnesses and vulnerable defendants, and in the absence of effective screening procedures to identify defendants’ LDs, support needs often go unrecognised and unmet.
Seen and heard: supporting vulnerable children in the youth justice system
- Author:
- TALBOT Jenny
- Publisher:
- Prison Reform Trust
- Publication year:
- 2010
- Pagination:
- 92p., bibliog.
- Place of publication:
- London
It is well established that high numbers of children who come to the attention of youth justice services have complex support needs, low levels of educational attainment, and far more unmet health needs than other children. An online survey was undertaken between October and December 2009 to investigate how staff from youth offending teams (YOTs) identify and support children with particular impairments and difficulties, and what support they in turn receive. Responses were received from over half of YOTs in England and Wales; there were 208 responses from 89 YOTs. The impairments and difficulties included were: mental health problems, IQs of less than 70, communication difficulties, ADHD, autistic spectrum disorder, low levels of literacy, special educational needs, and specific learning difficulties such as dyslexia. The research identified a lack of routine screening and assessment to identify children’s support needs. Although YOT staff spoke highly of specialist services and support, many reported gaps in provision. The survey found that: only around half of YOT staff said they received any training to help identify when children might have particular impairments and difficulties; most YOTs did not use screening or assessment tools or procedures to identify children with learning disabilities; fewer than 1 in 10 staff said their YOT kept statistics on the number of children with disabilities serving court orders; and more than 1 in 5 staff said their YOT did not have a mental health worker. Most YOT staff reported that children with these impairments were more likely to receive a custodial sentence. This report also includes the findings of 3 focus groups, which took place in July 2010, looking specifically at the issue of custodial sentences.