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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.
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.