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Adults with learning disabilities and the criminal justice system: their rights and our responsibilities: report of a summit held in Glasgow on 27 October 2008
- Author:
- SCOTLAND. Scottish Government
- Publisher:
- Scotland. Scottish Government
- Publication year:
- 2009
- Pagination:
- 35p.
- Place of publication:
- Edinburgh
In April 2008, the Mental Welfare Commission for Scotland reported on the case of a woman with a learning disability who was repeatedly sexually abused over many years. Although some of these offences were reported to the police, no one was prosecuted, in part because the complainer was judged not to be a competent witness. The Commission’s report Justice Denied concluded that the woman, known as Ms A, was effectively denied justice, and raised the possibility that this case was not an isolated example. In response to the report, the Scottish Government is taking the recommendations into account to ensure that the justice system continues to improve the protection and support for victims and witnesses with learning disabilities. This summit was organised jointly by the Health and Justice Directorates of the Scottish Government, the Crown Office and Procurator Fiscal Service (COPFS) and the Law Society of Scotland, with assistance from the Equality and Human Rights Commission. Representatives from NHS Scotland, prosecutors, social work, police, the legal profession and voluntary organisations were brought together to consider the best way forward. People with learning disabilities played a prominent part in the day’s proceedings.
Learning disability, autism and the Criminal Procedure (Scotland) Act
- Authors:
- WILLIAMS Fionnuala, et al
- Journal article citation:
- Advances in Mental Health and Intellectual Disabilities, 14(5), 2020, pp.149-167.
- Publisher:
- Emerald
This paper aims to investigate the use of Part VI of the Criminal Procedure (Scotland) Act 1995 (CPSA) for people with Learning Disability (LD) and/or Autism. This is in the context of a recent review commissioned by the Scottish Government into whether the provisions in the Mental Health (Care and Treatment) (Scotland) Act 2003 (MHA) meet the needs of these groups which would also affect associated legislation such as CPSA.Design/methodology/approach: All CPSA orders active on the 3 January 2018 were identified and analysed for a number of variables including diagnoses, detention length, level of hospital security and medication use. Findings: Of the 580 people on CPSA orders, 69 (11.9%) had LD and 27 (4.7%) had possible/definite Autism. Most people with LD (56.5%) did not have a mental illness or personality disorder. Most (81.2%) had mild LD. There were two patients whose only diagnosis was Autism. Mean duration of detention was longer for those with LD than for those without. Most patients with LD alone were prescribed medication (61.5%) and, if in hospital, were managed in low secure units (59%). Originality/value: The results indicate that people with LD or Autism are differently affected by the application of the CPSA from other people with mental disorders, and that this is potentially discriminatory, if it is not objectively justified . It supports the stance from the recent review that to reduce the potential for discrimination, substantial changes to MHA and CPSA should be considered in the wider review of the MHA in Scotland. (Edited publisher abstract)
The impact of known criminogenic factors on offenders with intellectual disability: previous findings and new results on ADHD
- Authors:
- LINDSAY William R., et al
- Journal article citation:
- Journal of Applied Research in Intellectual Disabilities, 26(1), 2013, pp.71-80.
- Publisher:
- Wiley
It is well established that child development factors are important in relation to the development of criminal behaviour. Research on developmental risk factors for offenders with intellectual disability has found similar trends. Attention deficit hyperactivity disorder (ADHD) and conduct disorder are developmental disorders known to be over-represented among criminal populations when compared to the general population. The aim of this study was to investigate the extent to which ADHD affects the presentation of offenders with intellectual disability. The data was drawn from the Northumbria/Cambridge/Abertay Pathways (NCAP) Project. Information related to index behaviour, history of problem behaviours, childhood adversity and psychiatric diagnoses was recorded in 477 adults who had been referred to forensic intellectual disability services. Comparisons were made between those with a previous diagnosis of ADHD and those without. The findings showed that the ADHD group had higher proportions of physical aggression, substance use, previous problems including aggression, sexual offences and property offences, birth problems and abuse in childhood. The article concludes that ADHD with conduct disorder is associated with a greater degree and history of problematic behaviour in offenders with intellectual disability.
Referral patterns for offenders with intellectual disability: a 20-year study
- Authors:
- LINDSAY William, HAUT Fabian, STEPTOW Lesley
- Journal article citation:
- Journal of Forensic Psychiatry and Psychology (The), 22(4), August 2011, pp.513-517.
- Publisher:
- Taylor and Francis
Following deinstitutionalisation, research has demonstrated that people with intellectual disability living in the community have had increased involvement with the criminal justice system. This study reports a 20-year review of the referral patterns of offenders with intellectual disability referred to a community forensic intellectual disability service. The participants consisted of 309 consecutive referrals from 1987-2008 to a community service for offenders with intellectual disability in Scotland. Three categories of referral were included: from the court, criminal justice, or probation service; from the community team, including community nurses and social workers; or from another source, such as a psychologist or psychiatrist. The findings show significant increases across time periods in referrals from criminal justice services and significant decreases from community services. These results suggest changes in society whereby the courts are becoming more comfortable with defendants with intellectual disability and services more willing to involve the police when there are incidents of offending behaviour.
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.
Inclusive justice: a system designed for all: findings and recommendations
- Author:
- EQUALITY AND HUMAN RIGHTS COMMISSION
- Publisher:
- Equality and Human Rights Commission
- Publication year:
- 2020
- Pagination:
- 35
- Place of publication:
- London
Findings of an inquiry to understand the experiences of disabled defendants and accused people in the criminal justice system. The inquiry focused on the pre-trial phase and looked at whether the needs of disabled people are properly identified; the types of adjustments being made to accommodate their needs; and whether they can fully participate in court processes and understand the charges they face. The report reveals that the justice system is not designed around the needs and abilities of disabled people, and reforms in England and Wales risk further reducing participation. A recurring theme was the overuse of complicated legal language and terms, which people with a cognitive impairment, mental health condition and / or neuro-diverse condition struggle to understand. Furthermore, opportunities to design digital court systems to be more accessible have been missed and the needs of disabled people have not been gathered or taken into account. Impairments that may require adjustments are not always identified and adjustments are not always made for disabled people because information about their impairments is not passed on. In addition, legal professionals do not consistently have the guidance or training they need to be able to recognise impairments, their impact, or how adjustments can be made. The report makes a detailed recommendations to UK Governments, urging them to ensure the system is designed around the needs of its users and understands and remove the barriers faced by disabled defendants or accused people. (Edited publisher abstract)
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.
Vulnerable and intimidated witnesses: review of provisions in other jurisdictions
- Author:
- REID-HOWIE ASSOCIATES
- Publisher:
- Scotland. Scotland Executive Central Research Unit
- Publication year:
- 2002
- Pagination:
- 151p.
- Place of publication:
- Edinburgh
Vulnerable and intimidated witnesses: review of provisions in other jurisdictions
- Author:
- REID-HOWIE ASSOCIATES
- Publisher:
- Scotland. Scotland Executive Central Research Unit
- Publication year:
- 2002
- Pagination:
- 6p.
- Place of publication:
- Edinburgh
Diversion, a hidden hazard?
- Authors:
- CREAMER Anne, SIMPSON Murray
- Journal article citation:
- SCOLAG Journal, 277, November 2000, pp.8-10.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
Discusses the policy of diverting people with learning difficulties from the formal criminal justice process unless it is not in the public interest to do so. This article looks at diversion policy, highlights some of the dilemmas it poses and asks whether it is always in the individuals best interest.