Search results for ‘Subject term:"learning disabilities"’ Sort:
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Hearing their voice
- Author:
- PHILPOT Terry
- Journal article citation:
- Community Care, 4.9.97, 1997, pp.24-25.
- Publisher:
- Reed Business Information
Canadians' attempts to improve the criminal justice system for people with learning difficulties is widely regarded as groundbreaking. The author discusses the changes and finds that while the UK has much to learn, not all of the early hopes of the Canadians have been fulfilled.
Sexual offences in police reports and court dossiers: a case-file study
- Authors:
- van den BERGH Peter M., HOEKMAN Joop
- Journal article citation:
- Journal of Applied Research in Intellectual Disabilities, 19(4), December 2006, pp.374-382.
- Publisher:
- Wiley
In many cases, sexual abuse involving a person with an intellectual disability (ID; as a victim and/or as a perpetrator) is not reported to the police. There are very few studies addressing police procedures in these cases, and even fewer addressing procedures at the Public Prosecutor level. The present study from the Netherlands had two goals: (i) to describe relevant characteristics of cases of sexual abuse, involving people with ID (as a victim or perpetrator), that were either reported to the police or sent to the Public Prosecutor; (ii) to describe the dynamics of the process from making the report to passing the sentence. In this case-file research, 75 police reports and dossiers at the Public Prosecutor, regarding sexual abuse were followed from the initial report to the police, up to the conviction. Even if a case was reported to the police, it did not always go forward to the Public Prosecutor and when a person with ID was involved as the perpetrator, few were actually convicted. Whether the perpetrator had an ID did not appear to be a decisive factor in furnishing proof or in the conviction. There seemed to be no evidence for any specific disability-related influence on the judicial process in cases against perpetrators of sexual abuse. Differentiating police data from court data, however, revealed an important finding. Relatives appeared in court dossiers far more than in police files (34% versus 14%), while on the contrary staff made up 24% in police files and only 13% in court dossiers. This suggested that different sensitivities, protecting staff compared with relatives, may be present in the judicial process, rather than in services.
Easing the way to legal redress
- Author:
- ASPIS Simone
- Journal article citation:
- Community Living, 13(1), July 1999, pp.6-7.
- Publisher:
- Hexagon Publishing
The Youth Justice Criminal Evidence Bill will make it much easier for victims with learning difficulties to get their cases heard in court. But it will still require the co-operation of managers to ensure that instances of abuse are properly reported.
People with learning difficulties and criminal justice - a role for the probation service
- Author:
- DENNEY David
- Journal article citation:
- Probation Journal, 45(4), December 1998, pp.194-201.
- Publisher:
- Sage
Little is currently known about the impact of professional practices on people with learning difficulties in the Criminal Justice System. The author highlights some of the main issues in relation to this group, and seeks to place probation practice with them in a wider legislative and penal setting. Also explores the manner in which people with learning difficulties are discriminated against as defendants in legal proceedings and makes some suggestions as to how the Probation Service might be more proactive in securing improved services.
Mental health: victims and witnesses with mental health conditions and disorders
- Author:
- GREAT BRITAIN. Crown Prosecution Service
- Publisher:
- Crown Prosecution Service
- Publication year:
- 2019
- Place of publication:
- London
Revised guidelines for prosecutors on dealing with victims and witnesses with mental health conditions. It provides information on: the Crown Prosecution Service seeking relevant information about any mental health condition the victim or witness has; the use of expert reports on a victim or witness; consideration of whether a person is competent to give evidence; and providing support for victims and witnesses. The guidance is relevant to victims and witnesses with: a mental disorder, as defined by the Mental Health Act 2007; a learning disability; a learning difficulty; Autism Spectrum Disorder; an acquired brain injury; dementia; or other mental health, cognitive or neuro-diverse conditions. (Edited publisher abstract)
A joint inspection of the treatment of offenders with learning disabilities within the criminal justice system: phase 1 from arrest to sentence
- Authors:
- HM INSPECTORATE OF PROBATION, et al
- Publisher:
- Criminal Justice Joint Inspection
- Publication year:
- 2014
- Pagination:
- 44
- Place of publication:
- London
This report is the first of two joint inspections about the treatment of people with learning disabilities within the criminal justice system. The inspection covered activity at police stations, the prosecution and court process, pre-sentence report (PSR) preparation, and the assessment and planning undertaken at the start of the community order. The inspection found that offenders with learning disabilities were not always afforded the level of service appropriate to the risk of harm they presented or to their needs. Problems included a failure to recognise a learning disability, and failure to refer the offender to specialist services for assessment. The inspection regularly found an absence of access to specialist support that would tackle offending behaviour and manage the risk of harm posed to the public. There was concern that the processes, absence of services or a simple lack of knowledge and training often led to offenders with a learning disability being perceived as a problem to be processed, rather than an individual with particular needs requiring individual treatment. Although there were some pockets of good practice and examples of practitioners ‘going the extra mile’ to ensure that these offenders received the support and treatment they needed, the examples of good practice cited in the report were the exception rather than the norm. The report concludes that people with a learning disability have very different learning needs from the majority of the population. The failure to properly consider the implications of an offender’s learning disability in PSRs and initial assessments meant that there was less chance of the offender successfully engaging in activities designed to reduce the likelihood of reoffending or reduce their risk of harm. (Edited publisher abstract)
Vulnerable defendants in the criminal courts
- Author:
- EPSTEIN Rona
- Journal article citation:
- Criminal Law and Justice Weekly, 13.3.10, 2010, pp.152-153.
- Publisher:
- LexisNexis Butterworths
- Place of publication:
- London
A report by the Penal Reform Trust, Vulnerable defendants in the criminal courts, reviewed the support in the court system for adults with learning disabilities and the provision of support for children. It has found that an unwieldy justice system is undermining the ability of thousands of vulnerable adults and children to understand what is happening to them in court.
Suffer the meek
- Author:
- RAINE Peter
- Journal article citation:
- ADSS Inform, 7(3), August 1998, pp.13-14.
Discusses a new report which highlights the steps needed to help protect vulnerable witnesses.
Objection sustained
- Author:
- HORROCKS Christiana
- Journal article citation:
- Community Care, 9.10.97, 1997, p.27.
- Publisher:
- Reed Business Information
Asks why the Crown Prosecution Service is often reluctant to follow its own best practice guidelines when a person with learning difficulties reports a crime.
Judicial process
- Author:
- WILLIAMS Chris
- Journal article citation:
- Community Care, 9.10.97, 1997, pp.28-29.
- Publisher:
- Reed Business Information
The first author says the Crown Prosecution Service(CPS) has a long way to go before victims and witnesses with learning difficulties are treated fairly and sympathetically. The second author argues the CPS does not live up to its aspirations because vulnerable people who have been attacked often have to face the humiliation of being disbelieved when they complain.