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Prosecution of offenders with mental health problems or learning disabilities
- Authors:
- MAGILL Christine, RIVERS Vanessa
- Publisher:
- Great Britain. Crown Prosecution Service
- Publication year:
- 2010
- Place of publication:
- London
In November 2009, the Health and Criminal Justice Programme Board published its National Delivery Plan (NDP), which incorporates a full Government response to the recommendations of people with mental health problems or learning disabilities in the Criminal Justice System. It sets out a strategic framework and five cross-departmental objectives. The latter are underpinned with key deliverables for relevant Government Departments, including the Crown Prosecution Service (CPS). Key findings suggest that the CPS should continue to take forward work with the police to improve the completeness of monitoring data on the disability of offenders. CPS Areas should continue to deliver training locally, using a nationally agreed package, to their prosecutors as required. CPS Areas should consider establishing contact and fostering better links with local Primary Care Trusts, to increase awareness of criminal justice needs and to facilitate prosecutors' understanding of the nature of local services. Also, The CPS should revisit its guidance to see if there is scope more clearly to set out the circumstances when it would be appropriate to issue a Conditional Caution in cases involving mentally disordered offenders.
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.
Disability hate crime: how to get involved guide
- Author:
- UK DISABLED PEOPLE'S COUNCIL
- Publisher:
- UK Disabled People's Council
- Publication year:
- 2010
- Pagination:
- 18p.
- Place of publication:
- London
Disability hate crime has only recently been recognised by the police. This guide calls for disabled people who have experienced an incident which is related to their impairment, such as harassment, bullying, targeted violence, attacks, or thefts, to report it to the police as disability hate crime. It describes how to report disability hate crime using online reporting, telephone helplines, the police force, or through an Independent Advisory Group. It also describes how organisations can become a ‘Third Party’ reporting site to act as a point of contact for disabled people to reports disability hate crime, and includes information on how to obtain funding to do this. The guide also calls for the profile of disability hate crime can be raised. To do this it suggests: raising the issue with your local disabled people’s organisation; joining the Disability Hate Crime Email Network; joining a Hate Crime Panel or a Multi Agency Crime Reduction Panel; contacting your local authority and public services to find out about their Equality Schemes; contacting councillors and Members of Parliament; and holding public meetings. The guide also describes the ongoing Equality and Human Rights Commission formal inquiry into disability related harassment in England, Scotland and Wales.
A common sense approach to working with defendants and offenders with mental health problems
- Author:
- BRYANT Linda
- Publisher:
- Together: Working for Wellbeing
- Publication year:
- 2010
- Pagination:
- 27p.
- Place of publication:
- London
It is widely acknowledged that people with mental health issues are overrepresented in all parts of the criminal justice system. This guide is targeted at frontline criminal justice agency staff to support them when dealing with people with mental health problems. It aims to provide professionals such as police officers, probation officers, security and court staff with practical advice on what to do and which agencies to go to for help. The guide describes a 4-step approach: spot the potential issue; understand the impact of the surroundings; ask questions to find out more; and respond. The final step of the approach advises how to signpost to, and work in a joined-up manner, with other health and social care agencies and includes information on helping the person to register with a GP. Quick reference guides are also included covering the issues of: mental health, alcohol and substance misuse; learning disabilities and learning difficulties; and self-harm and suicide.
Disability hate crime: raising awareness, good practice and next steps
- Author:
- WARNER Karen
- Journal article citation:
- Llais, 98, Winter 2010, pp.3-6.
- Publisher:
- Learning Disability Wales
The author, from Learning Disability Wales, looks at the need to raise awareness of people with learning disabilities on recognising disability hate crime and being able to report it.
Prisoners' voices: experiences of the criminal justice system by prisoners with learning disabilities
- Author:
- BEAIL Nigel
- Journal article citation:
- Tizard Learning Disability Review, 15(3), July 2010, pp.42-45.
- Publisher:
- Emerald
This paper comments on the article in this issue by Jenny Talbot which describes research on prisoners with learning difficulties and disorders. It discusses the very wide inclusion criteria used in Talbot’s article, which includes people who have a diagnosis of a learning disability and those who have other learning difficulties and disorders. Thus the paper includes people who have average intellectual functioning but with other conditions such as Asperger’s syndrome or learning disorders such as dyslexia. This paper describes how the prisoners with learning disabilities are struggling to cope, and concludes that the UK prisons are not recognising or meeting their needs. Of particular concern is that the participants went through the criminal justice system from being a suspect, through the Court and into prison without their disabilities being identified or supported. Thus the criminal justice agencies are failing in their legal duty to promote disability equality and to eliminate discrimination.
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.
Providing forensic community services for people with learning disabilities
- Authors:
- DINANI Shamim, et al
- Journal article citation:
- Journal of Learning Disabilities and Offending Behaviour, 1(1), April 2010, pp.58-63.
- Publisher:
- Emerald
The Avon Forensic Community Learning Disabilities Team, formed in 2000, was developed with the aim of identifying those who had convictions or allegations of offending made against them or were as risk of offending and, where possible, to divert them to community settings by providing therapeutic interventions and support. This team attempted to avoid inappropriate imprisonment or admission to out-of-area units by providing specialist assessment and intervention. This article reports on the first eight years of this team. The authors give an overview of current research and government guidance regarding the prevalence, care pathway and treatment of people with learning disabilities who offend, and describe the role and function of the community forensic team. An analysis of referrals to the service is given. The authors reflect on the frustrations as well as the achievements associated with providing this service. Implications for practice include: early identification of people with learning disabilities in the criminal justice system; community teams developing awareness, skills and knowledge by working with specialist teams; teams delivering assessment and treatment in community settings, bypassing inpatient treatment; improved links with the criminal justice system results in increased referrals of people not previously known to have learning difficulties.
Prisoners without trial
- Author:
- GILLEN Sally
- Journal article citation:
- Learning Disability Today, April 2010, pp.24-25.
- Publisher:
- Pavilion
- Place of publication:
- Hove
This article discusses the inequalities in the justice system for offenders with learning disabilities. Research has shown that the Crown Prosecution Service is less likely to pursue cases against people with learning disabilities than others, believing that they are likely to fail. While some offenders may be getting away with their crimes, others, who may have done little or nothing, and even those who are guilty, do not receive the same punishment as people without a learning disability. Many are effectively living under 24-hour guard in the community, effectively subject to imprisonment without trial. The decision to strip people of their right to freedom can be made on the basis of scant information. Often people are referred on the basis of a paediatrician or psychologist letter alone, and this can affect the way they are treated by agencies for years. The article discusses the case of a 53-year old man who has lived under constant supervision for 14 years after sexually assaulting a number of boys. Without his learning disability, he would have gone to prison and then placed on the sex offenders register for a finite period of time. Instead, his liberty has been removed and he is serving an informal sentence without end.
Missing a beat: police responses to people with learning disabilities and mental health problems
- Authors:
- MACKENZIE Robin, WATTS John
- Journal article citation:
- Tizard Learning Disability Review, 15(4), October 2010, pp.34-40.
- Publisher:
- Emerald
Guidance has recently been issued to police officers on how to respond to people with learning disabilities and mental illnesses. The National Policing Improving Agency (NPIA) Guidance is the first of its sort to be endorsed by the UK Department of Health. It includes sections on definitions, mental health principles, responses to victims and witnesses, responses to suspects and offenders, the Mental Health Act 1983 and the Mental Capacity Act 2005, and police responses. The guidance recognises that people with learning disabilities and mental health problems come into contact with the police as victims of crime and as perpetrators, and that police officers are often the gateway for these people to access health care. This article reviews the guidance and comments on some of the advice, in the context of current issues and concerns. One of the main concerns is not with the guidance itself, but that it will not be backed up by adequate and regular training. It recommends that, before implementation, a survey is undertaken on the current responses of police officers to people with learning disabilities or mental illnesses. This survey can then be repeated in order to judge the impact of the guidance.