Search results for ‘Subject term:"learning disabilities"’ Sort:
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Striking the right balance: police experience, perceptions and use of independent support persons during interviews involving people with intellectual disability
- Authors:
- HENSHAW Marie, SPIVAK Benjamin, THOMAS Stuart D. M.
- Journal article citation:
- Journal of Applied Research in Intellectual Disabilities, 31(2), 2018, pp.e201-e211.
- Publisher:
- Wiley
Background: Several jurisdictions mandate the presence of an independent support person during police interviews with vulnerable people. The current study investigated police officers’ experiences and perceptions of these volunteers during interviews with people with intellectual disability(ies) (ID). Methods: The sample comprised 229 police officers who attended a mandatory firearms training course in Melbourne, Australia, in 2010. Results: Participants commonly reported utilising independent support persons and displayed a fair understanding of their role. Overall, volunteers were engaged more frequently than family/friends; police considered the volunteers to be more impartial during interviews, whereas family/friends provided a greater level of emotional support to interviewees. Conclusions: Independent support persons need to demonstrate two quite different types of support to people with intellectual disability(ies) during police interviews; these require quite different skill sets and suggest the need for more tailored training and support for these volunteers. Implications for future research and policy are discussed. (Edited publisher abstract)
Eyewitness memory and eyewitness identification performance in adults with intellectual disabilities
- Authors:
- TERNES Marguerite, YUILLE John C.
- Journal article citation:
- Journal of Applied Research in Intellectual Disabilities, 21(6), November 2008, pp.519-531.
- Publisher:
- Wiley
Since individuals with intellectual disabilities are often the only witnesses to alleged crimes, it is important to know their capacity to provide eyewitness testimony. In this Canadian study twenty-two participants with intellectual disabilities and 23 comparison group participants had their photographs taken by a confederate. One to two weeks following the photography session, participants were interviewed about the event and were asked to identify the photographer. Two misleading questions, to test for suggestibility, were asked at the end of the interview. Comparison group participants performed significantly better than participants with intellectual disabilities with a target-present lineup, but no significant differences were found between participant groups with a target-absent lineup. Comparison group participants performed significantly better than chance with the target-absent lineup, but participants with intellectual disabilities did not. In the interview, participants with intellectual disabilities provided significantly fewer details than comparison group participants, and the details provided by both groups were mainly accurate. Participants with intellectual disabilities were significantly more likely to acquiesce to one of the suggestive questions than comparison group participants, but the two participant groups did not differ in likelihood of acquiescence for the other suggestive question. It seems that individuals with intellectual disabilities may make adequate witnesses if they are interviewed in a non-leading manner. Future research should examine methods to improve their eyewitness identification performance.
There to help 2: ensuring provision of appropriate adults for vulnerable adults detained or interviewed by police
- Author:
- BATH Chris
- Publisher:
- National Appropriate Adult Network
- Publication year:
- 2019
- Pagination:
- 115
- Place of publication:
- Ashford
Based on Freedom of Information Act requests to police forces in England and Wales, this report provides an updated on the need for, and access to, appropriate adults (AA) for vulnerable adults in police custody. Vulnerable adults may have a mental illness, learning disability, brain injury or autism. The report provides information on: the identification of need for an AA amongst adult suspects; the application of the AA safeguard (the extent to which vulnerable adult suspects actually receive the support of an AA); and the availability of organised AA provision in England and Wales. Based on police figures, the report finds that in the 12 months ending 31st March 2018 at least 111,445 police detentions and voluntary interviews of vulnerable adult suspects were carried out without the support of an 'appropriate adult'. It also found that where police had no access to an organised AA scheme, they were half as likely to record an adult as needing one. Despite being a key recommendation of There to Help (2015), local authorities are only legally required to run schemes for children, not for vulnerable adults. The report makes a number of recommendations. (Edited publisher abstract)
There to help: ensuring provision of appropriate adults for mentally vulnerable adults detained or interviewed by police
- Authors:
- BATH Chris, et al
- Publisher:
- National Appropriate Adult Network
- Publication year:
- 2015
- Pagination:
- 88
- Place of publication:
- Ashford
Report to examine appropriate adults (AA) arrangements for vulnerable adults who are detained or interviewed by police, identify shortcomings in provision and present recommendations for ensuring full AA provision for all vulnerable adults. The project involved a review of existing literature and law; data collected from police forces, liaison and diversion services, AA services and custody officers; and interviews and consultation involving senior stakeholders and individuals with direct experience of the criminal justice system. The main findings identified significant shortcomings in current AA provision for mentally vulnerable adult suspects, particularly in terms of: inadequate police practices with respect to identification of suspects’ vulnerabilities and the need for AAs, and the recording of relevant data; limited availability of AAs; variable quality of AAs. It found that many vulnerable adults did not receive the support of an AA or receive it only for part of the custody process. Barriers to the provision of adequate services included: the absence of statutory duties either to secure or to provide AAs for vulnerable adults; lack of appropriate training and screening tools for police; time pressures in the custody suite; diminishing public sector funding and a lack of clarity over responsibility for commissioning. The report makes 10 recommendations to improve the level and quality of provision. (Edited publisher abstract)
The early identification of vulnerable witnesses prior to an investigative interview
- Authors:
- O'MAHONY Brendan M., SMITH Kevin, MILNE Becky
- Journal article citation:
- British Journal of Forensic Practice, 13(2), May 2011, pp.114-123.
- Publisher:
- Emerald
The purpose of this review and discussion paper is to examine how Registered Intermediaries are used in England and Wales to facilitate communication between vulnerable witnesses or victims (those with an intellectual disability or mental illness) and police investigators or criminal courts. The paper focuses on the need for early identification of these people so that support measures can be put in place from the outset to assist them to provide their testimony. The authors note that real progress has been made through the introduction of legislation, specifically the Youth Justice and Criminal Evidence Act (1999), and the uptake by the police service of the subsequent special measures put in place. However, they warn that the criminal justice service cannot afford to be complacent as research demonstrates that the police and the courts need to be more effective in managing these issues. The paper concludes with recommendations. It is noted that the vulnerable witnesses are also interviewed by other agencies and best practice from policing should be shared, for example with the Independent Police Complaints Commission, HM Customs and Revenue, the Department of Health and the Department of Work and Pensions.
Interviewing adults with intellectual disabilities
- Authors:
- GUDJONSSON Gisli H., JOYCE Theresa
- Journal article citation:
- Advances in Mental Health and Intellectual Disabilities, 5(2), March 2011, pp.16-21.
- Publisher:
- Emerald
People with intellectual disabilities are recognised as being at a disadvantage when coming into contact with the criminal justice system as victims, witnesses or suspects. Their disadvantage relates to all components of the criminal justice system, but the focus in this paper is on police interviews and the capacity of adults with intellectual disabilities to give evidence in Court. The aim of the paper is to consider the research evidence on the relevant vulnerabilities and most effective ways of interviewing people with intellectual disabilities, and to outline some practical guidance on how those working with people with intellectual disabilities can ensure that they enable them to give an account of the difficulties they may be experiencing. Research into the types of vulnerability seen by people interviewed by police have focused on interviewees' understanding of the Oath and their legal rights, suggestibility, acquiescence, compliance and perceptions of the consequences of making self-incriminating admissions. The essential components of any interview and testifying in court require that the person can communicate effectively and give reliable answers and accounts of events. Research into police interviews has highlighted the importance of taking into account the interviewee's vulnerabilities and providing appropriate support. The research suggests a need for a more humane approach to interviews and legal reforms to protect vulnerable people testifying in Court.
A voice for the voiceless: the Victims' Commissioner’s review into the provision of registered intermediaries for children and vulnerable victims and witnesses
- Author:
- VICTIMS' COMMISSIONER
- Publisher:
- Victims' Commissioner's Office
- Publication year:
- 2018
- Pagination:
- 90
- Place of publication:
- London
This review presents the findings from a research project carried out by the Victims’ Commissioner into the provision of Registered Intermediaries (RIs) for children and vulnerable witnesses. Registered Intermediaries (RIs) are specialists in communication provided to children and vulnerable victims and provide support in giving evidence to the police and at trial under. The review looks at the allocation of RI’s to victims and witnesses who are eligible; management of the Witness Intermediary Scheme (WIS) which is responsible for the provision of RIs; the awareness and understanding of the role of RIs by police officers and Crown Prosecution Service (CPS) Advocates; how WIS users assess the vulnerability and eligibility of victims and witnesses, and the process of matching requests with a suitably qualified and skilled RI. The review includes a survey of 122 RIs and interviews with 20 service users of the WIS. The results found that RIs are effective in providing communication assistance for vulnerable victims and witnesses and providing them with equality of access to justice. It also found that Police and CPS are positive about the impact of RIs. However, findings also indicate that not all eligible vulnerable victims and witnesses are being offered a RI, there is inconsistent take-up of RIs across England and Wales, limited understanding of the role in the criminal justice system and variation in how vulnerability and eligibility for RIs is assessed. The Victims’ Commissioner puts forward a number of recommendations to improve the provision of RIs. Recommendations include the development of a centralised national RI service with a national lead RI to feed into the policy and practice in the provision of RIs, and to represent RIs’ interests across the criminal justice system, as well as a fast track service for the youngest and most vulnerable of victims. (Edited publisher abstract)