Search results for ‘Subject term:"learning disabilities"’ Sort:
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Assessing fitness to plead in Scotland's learning disabled
- Authors:
- BREWSTER Eleanor, WILLOX Elizabeth G., HAUT Fabian
- Journal article citation:
- Journal of Forensic Psychiatry and Psychology (The), 19(4), December 2008, pp.597-602.
- Publisher:
- Taylor and Francis
The authors reviewed 139 pre-trial psychiatric court reports from learning disability services within Scotland to consider the appropriate application of case law in determining fitness to plead. Of the reports in the sample, 40% correctly applied the test. Fitness to plead was not discussed at all in 9.3%. Almost 8% of the sample were assessed as unfit to plead, with all of this sub-group having had both criteria considered to determine their fitness to plead. This sub-group all had a mild or moderate learning disability with only one dual diagnosis. This would seem to indicate that evidence of a learning disability is in itself sufficient to require consideration of the accused's fitness to plead as directed by Scottish case law.
Perspectives: lest we forget
- Author:
- TAYLOR Alison
- Journal article citation:
- Community Care, 21.8.97, 1997, p.16.
- Publisher:
- Reed Business Information
The author argues that although society cannot afford to ignore dangerous criminal behaviour, the national shame of the hanging of Derek Bentley shows how compassion can desert the justice system.
Mental retardation and potential criminality
- Author:
- LOWENSTEIN L.F.
- Journal article citation:
- Justice of the Peace, 23.07.05, 2005, pp.574-580.
- Publisher:
- Butterworth
This article summarising recent worldwide research into intellectual disability and criminality. It looks at criminality and the incidence of intellectual disability; interviewing vulnerable individuals; the reliability of confessions; people with intellectual disabilities as witnesses; punishment and treatment; and risk assessment.
Justice of differential treatment? Sentencing of offenders with an intellectual disability
- Author:
- COCKRAM Judith
- Journal article citation:
- Journal of Intellectual and Developmental Disability, 30(1), March 2005, pp.3-13.
- Publisher:
- Taylor and Francis
This article reports on court outcomes for people with an intellectual disability in comparison with other offenders in Western Australia. It is part of a longitudinal study where it was possible to examine all levels of the criminal justice system, from arrest to court appearance and finally to conviction. The study is based on the summation of nearly 11 years of data, from 1 April 1984 to 31 December 1994. Using comprehensive databases, a group of 843 offenders with intellectual disability were “tracked” through the criminal justice system to assess their criminal history and compared with a cohort of 2,442 general population offenders. The findings show that there was no difference between the two groups in the proportion who were convicted, however, there were considerable disparities between groups for the types of penalties imposed. The article concludes that the initial police decision to charge seems to have an enduring, albeit indirect effect at the final stage of disposition.
In ten years time: improving outcomes for people with mental ill-health, learning disability, developmental disorders or neuro-diverse conditions in the criminal justice system
- Authors:
- CENTRE FOR MENTAL HEALTH, REVOLVING DOORS AGENCY
- Publishers:
- Centre for Mental Health, Revolving Doors Agency
- Publication year:
- 2019
- Pagination:
- 28
- Place of publication:
- London
This report summarises the progress that has been made since the publication of the Bradley Report in 2014, which made recommendations to improve support for people with mental health problems and learning disabilities in contact with the criminal justice system. It covers the areas of: early identification, arrest and prosecution; courts; sentencing; prison and resettlement. The report also outlines the additional changes needed over the next 10 years and makes ten recommendations. It calls on the Government to adopt a common, comprehensive definition of vulnerabilities across the criminal justice pathway; develop a comprehensive protocol to screening, assessment, information sharing and care across the whole system; transfer to the NHS the commissioning of police custody healthcare; resource the Liaison and Diversion services; ensuring Courts are not able to send people to immediate custody or to a community sentence in the absence of a relevant court report; invest in effective community sentences; restrict the use of short prison sentences; and implement reforms proposed in the Independent Mental Health Act Review regarding prison transfers. (Edited publisher abstract)
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.
Effects of the changes in legislation governing offenders with intellectual disabilities in Norway: a descriptive study
- Authors:
- SONDENNA Erik, LINAKER Martin, NOTTESTAD Jim Aage
- Journal article citation:
- Journal of Policy and Practice in Intellectual Disabilities, 6(3), September 2009, pp.229-235.
- Publisher:
- Wiley
A recent change in legislation in Norway redefined which persons with an intellectual disability (ID) are considered as "offenders" within the judicial system. After that change, the number of adults with ID convicted of a crime and subject to forensic services decreased from 27 in 2002 to 13 in 2006. Crimes considered under the statue include those of a violent nature, sexual offenses, or life-threatening arson. Persons falling under provisions of the statue include those identified as non-responsible with intellectual functioning corresponding to moderate or severe ID. The new statue includes a provision of sentence to mandatory care (MC) for those with a high risk of recidivism. This study compared offenders with ID adjudicated before and after the legislation revision. A comparison cross-sectional study design was used, and measures examined group compositions and staff and service characteristics. Results showed that after the change in legislation, offenders with ID appeared to be managed by more qualified staff, but at the same time, they had less contact with health services outside their residence. In addition, more restrictive care management measures were evident after the change.
People with an intellectual disability and the criminal justice system: the family perspective
- Authors:
- COCKRAM Judith, JACKSON Robert, UNDERWOOD Rod
- Journal article citation:
- Journal of Intellectual and Developmental Disability, 23(1), March 1998, pp.41-56.
- Publisher:
- Taylor and Francis
People with an intellectual disability generally are over represented in the justice system. This study seeks to understand how these offenders are disadvantaged by the judicial processes from the perspective of the family carers. Results found that family carers expressed concern for the lack of sentencing options available to the judiciary there was general agreement that the level of services available to support offenders with an intellectual disability was inadequate. Argues that these offenders must be supported by legal representation from the earliest stages of the process.
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)
Vulnerability in custody: perceptions and practices of police officers and criminal justice professionals in meeting the communication needs of offenders with learning disabilities and learning difficulties
- Authors:
- PARSONS Sarah, SHERWOOD Gina
- Journal article citation:
- Disability and Society, 31(4), 2016, pp.553-572.
- Publisher:
- Taylor and Francis
Information provision and communication within the Criminal Justice System can be highly problematic for young people and adults with learning disabilities and difficulties. Paper-based communication is common, and is mandated for the provision of rights and entitlements in custody, but such communication can be poorly understood, potentially leading to miscarriages of justice. This article uses the piloting of a more accessible version of the rights and entitlements notice in custody to explore the communication practices with vulnerable detained persons from the perspectives of professionals within the Criminal Justice System. As a legally mandated text in a context heavily imbued with organisational power, the rights and entitlements notice in custody has sociological significance as a lens through which organisational practices, and understandings, can be examined. The stressful, fast-paced and transitional context of custody shapes communication and interaction in ways that are challenging for the detained person and also the professionals who support them. (Publisher abstract)