Transcript Sussex Western Youth Panel meeting

Mental health, learning disabilities &
autism in the criminal courts
Jenny Talbot, Prison Reform Trust
12 March 2014
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What I will cover:
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Prevalence
Vulnerable defendants:
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Experiences
Liaison and diversion
Supporting vulnerable defendants
Focus on communication
New resource: mental health and learning
disabilities in the criminal courts
Questions.
Prevalence – England & Wales:
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A quarter of children who offend have very low IQs of less than 70
(Bailey et al, 2005)
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Generally acknowledged that 5 – 10% of adult offenders have learning
disabilities (Department of Health)
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43% of children on community orders have emotional and mental health
needs; the prevalence is much higher in custody (Chitsabesan et al, 2006)
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In one probation area, 39% of adult offenders under supervision had a
current mental illness; 49% had a past/life time mental illness; 72% had a
dual diagnosis (Brooker et al, 2011)
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Around two-thirds of prisoners have a personality disorder
(Centre for Mental Health, 2009)
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35% of adult offenders have speaking and listening skills below level 1
(Davies et al, 2004)
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60% of children who offend have communication difficulties
(Bryan et al, 2007).
Prevalence – Scotland:
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Most studies undertaken in England and Wales
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Very large proportion have mental health
problems, of which around 4.5% have severe
problems (HM Inspectorate of Prisons, 2008)
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Under identification of people with learning
disabilities and people on the autistic spectrum;
a self report study found that few offenders had
been formally assessed (Myers, 2004.)
Prevalence,
autistic spectrum conditions:
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Individuals with ASC are over-represented in the
criminal justice system (Browning and Caulfield,
2011; Cashin and Newman, 2009)
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There is no consensus on the prevalence of
people with ASC who offend (Chaplin et al.,
2013)
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The British Psychological Society: autism in the
criminal justice system (Dr Katie Maras,
University of Bath).
Learning disabilities – so what?
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Limited language ability, comprehension and
communication skills:
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Limited memory capacity:
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Difficulty understanding certain words
Difficulty understanding and responding to questions
Difficulty reading body language and following social cues
Difficulty recalling information
Take longer to process information
Difficulty ordering and sequencing
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Can be acquiescent and suggestible; under pressure,
might try to appease others
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Frequently unable to read and write very well, or at all.
Vulnerability in court, Scotland:
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Vulnerable Witnesses (Scotland) Act 2004:
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Children under 16 years of age
An adult whose evidence may be diminished as a
result of mental disorder as defined by s328
Mental Health (Care and Treatment) (Scotland)
Act 2003, which is: any mental illness, personality
disorder or learning disability, however caused or
manifested .Note: this definition is currently the
subject of debate, precipitated by Criminal Justice
(Scotland) Bill
See also the Carloway Report (2011).
Vulnerability in court, E & W:
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All children are vulnerable and many are doubly so
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Vulnerable adults are people aged 18 years or over
who may be unable to take care of themselves, or
protect themselves from harm or exploitation. This
may be because they have a mental health
condition, or are disabled, or elderly and frail or have
some form of illness. Often there are overlapping
areas of vulnerability such as illness and being
elderly. (Fairness in courts and tribunals, 2012).
Experiences in court:
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Film clip: learning disabilities and the criminal
courts, six minutes:
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http://www.mhldcc.org.uk/contents/4-learningdisability/d-how-to-recognise-when-a-defendantmight-have-a-learning-disability.aspx
What defendants with LD said:
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I understand that I have done something wrong, but I'm still not quite
sure what that is. You also feel small when you are in court.
(Scotland, woman prisoner)
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If someone had explained in my language what things meant this
would have helped, for example, lewd, libidinous, bail. I asked my
mum but she didn’t understand either. (Scotland, woman prisoner)
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I couldn’t really hear. I couldn’t understand but I said ‘yes, whatever’ to
anything because if I say, ‘I don’t know’ they look at me as if I’m thick.
Sometimes they tell you two things at once. (possible borderline LD)
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I’m not good at speaking and they don’t listen. I needed more time to
explain myself.
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Nobody told my mum I was going to gaol, she thought I was dead. I
asked how they were going to tell my mum, but it took three months for
anyone to contact her. I finally found someone to help me write a
letter. (Scotland, possible LD).
Experiences of justice:
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Scottish Association for Mental Health,
‘Justice Involvement Event’, 2009:
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Attitudinal barriers
Poor identification of mental health problems
Communication barriers
Courts are scary places… and the staff look right
through you. They need training how to talk to
people with mental health problems, mental
health awareness.
Liaison and diversion services,
Scotland:
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Court liaison services (local variations)
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Diversion from custody; four priority areas:
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Alcohol and drugs misuse
Women
Persons with mental health or learning difficulties
Young people aged 16-17 years
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Falling numbers of diversions, although probably ‘not
yet a trend’ (SCCJR, 2011)
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Reducing reoffending programme: agreement in
2013 to develop mental health training materials for
Criminal Justice Social Workers.
Liaison and diversion services,
E & W:
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Recommended in The Bradley Report (2009); accessible
for every police custody suite and criminal court in
England
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Target group: people with mental health problems,
learning disabilities, autistic spectrum disorders (not
exclusive), substance misuse, and children
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Cross ministerial commitment to deliver: Department of
Health, Ministry of Justice and Home Office
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Initial commitment by end 2014; now 2017
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101 pilot sites (from 2011);10 trial sites (from 2014), and
a robust evaluation.
Liaison and diversion services,
E & W:
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Population coverage:
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25% by March 2014
50% by March 2015
75% by March 2016
100% from March 2017
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But, full business case approval required,
autumn 2015
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National model and service specification;
local delivery.
Supporting vulnerable defendants,
Scotland:
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Vulnerable Witnesses (Scotland) Act 2004
introduced ‘special measures’. These also
apply (with certain modifications) to the
accused, and include:
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Television link
Supporter
Prior statement
Evidence taken by a commissioner
Guidance pack on special measures
(Scottish Government, 2008) .
Supporting vulnerable defendants,
E & W:
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Youth Justice and Criminal Evidence Act, 1999
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Coroners and Justice Act, 2009
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C v Sevenoaks Youth Court (2009)
R v Great Yarmouth Youth Court (2011)
Guidance:
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provision for intermediaries for vulnerable defendants, but
not implemented
Case law, for example:
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Vulnerable defendants excluded from ‘special measures’
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Equal Treatment Bench Book/Fairness in courts and
tribunals
Criminal Practice Directions.
Supporting vulnerable defendants:
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Equality Act, 2010: ‘reasonable adjustments’ should
be made to ensure that discrimination against people
with disabilities does not occur (Scotland, England
and Wales)
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For someone with a learning disability, the court
environment and process is confusing and possibly
frightening. The court environment could very easily,
and with little extra cost, be made less intimidating…
We found, however, that little attention had been
paid to the needs of those with LD, for example
through the availability of ‘easy read’ posters and
leaflets to explain the court process (CJJI on the
treatment of offenders with LD within the CJS, 2014).
Easy Read:
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Easy Read presents
information using simple
words and pictures
making it easier to
understand
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It is a ‘reasonable
adjustment’, required by
the Equality Act
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HMCTS: an easy read
guide on how and where
to pay your fine.
Focus on communication, E & W:
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The court is required to take every reasonable step
to encourage and facilitate the participation of any
person, including the defendant. This includes
enabling a defendant to give their best evidence and
to comprehend the trial proceedings and engage
fully with his or her defence (CPDs, 2013)
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Effective communication is the bedrock of the legal
process. It is vital that justice is both done and seen
to be done (Judicial College, 2012)
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Film clip, six minutes:
http://www.mhldcc.org.uk/contents/9-supportingvulnerable-defendants-in-court/e-communication-incourt.aspx
Supporting communication and
comprehension:
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Easy Read
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Non-specialist support, for example:
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Use the defendants name; secure their attention
Simple language; short sentences; one piece of information
per sentence
Don’t ask, ‘do you understand?’ Ask, ‘what have you
understood?’
No jargon, technical or legal terminology
Extra thinking time
Offer support with reading AND comprehension
Help with making notes of proceedings
Sitting next to their advocate, carer or family member
Check the defendant can hear what is being said
Breaks for explanations.
Specialist communication support,
E & W:
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Film clip, two 2 minutes:
http://www.mhldcc.org.uk/contents/9supporting-vulnerable-defendants-in-court/ecommunication-in-court/i-specialistcommunication-support-–intermediaries.aspx
Intermediaries for defendants,
E & W:
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Guidance:
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Guidance for HMCTS staff, revised January 2014 (including
funding arrangements)
Consolidated Criminal Practice Directions, 3F
The Advocates Gateway, Toolkit 8; hyperlink to Advocates
Gateway from www.mhldcc.org.uk
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Liaison and diversion staff can help to determine need
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Court can use inherent powers to appoint
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Use of an intermediary should be considered early
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Intermediary for evidence only or for the whole trial
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No standard way of finding a defendant intermediary.
Mental health and learning disabilities
in the criminal courts:
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Background to the
resource:
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Lord Bradley’s review
into people with mental
health problems or
learning disabilities in
the criminal justice
system (2009)
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Partnership between:
Prison Reform Trust,
Rethink Mental Illness,
Justices’ Clerks’ Society,
Magistrates’ Association,
& the Judicial College.
Mental health and learning disabilities
in the criminal courts:
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Topics covered:
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Mental Health
Learning disability
Other disabilities and impairments
Co-morbidity and dial diagnosis
Fair trial and fitness to plead
Vulnerable defendants in court
Supporting vulnerable defendants
Bail and remand decisions
Liaison and diversion services
Sentencing
Breach
Mental Health Act
Chapter summaries
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Hyperlinks to
legislation and further
reading
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Film clips to
illuminate key points
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Case studies
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To follow:
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‘App’
news page
www.mhldcc.org.uk
Any questions?
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www.mhldcc.org.uk
Thank you
[email protected]
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