Transcript Sussex Western Youth Panel meeting

Fair Access to Justice?
support for vulnerable defendants
in the criminal courts
Jenny Talbot, Prison Reform Trust
&
Graham Keeton, Working for
Justice Group/KeyRing
24 April 2013
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What we will cover:
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
Who is vulnerable?

Prevalence of certain conditions

The ‘so what?’ factor

Special measures and reasonable adjustments

New liaison and diversion services

Recommendations

Resources.
First – who we are:
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
Jenny and the Prison Reform Trust

Graham and the Working for Justice Group
and KeyRing Living Support Networks
Who is vulnerable?
…children and young persons under 18 or
adults who suffer from a mental disorder
within the meaning of the Mental Health Act
1983 or who have any other significant
impairment of intelligence and social
function… are referred to collectively as
‘vulnerable defendants’.
Consolidated Criminal Practice Direction (2011)
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Prevalence and child offenders:
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
60% of children who offend have
communication difficulties and, of this group,
around half have poor or very poor
communication skills

A quarter of children who offend have very
low IQs of less than 70

43% of children on community orders have
emotional and mental health needs; the
prevalence is much higher in custody.
Prevalence and adult offenders:
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
Generally acknowledged that 5 – 10% of
adult offenders have learning disabilities

39% of adult offenders under supervision in
one probation area had a current mental
illness and 49% had a past/life time mental
illness

75% of prisoners have a dual diagnosis
(mental health problems combined with
alcohol or drug misuse).
What is a learning disability?
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
The World Health Organisation defines learning
disability as a ‘reduced level of intellectual
functioning resulting in diminished ability to
adapt to the daily demands of a normal social
environment.’

An IQ of 50-69 is indicative of ‘mild mental
retardation’ or mild learning disability

Variations on this definition are followed by the
four UK administrations.
Learning disabilities – so what?

Limited language ability, comprehension and
communication skills:
–
–
–

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

Can be acquiescent and suggestible; under pressure,
might try to appease others

Frequently unable to read and write very well, or at all.
What defendants with LD said:
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
The judges don’t speak English; they say these long
words I have never heard of in my life.

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.

I’m not good at speaking and they don’t listen. I
needed more time to explain myself.

There’s no one to explain things to you. They tell you
to read things and in court you can’t just ask for help.
The judges think you can read and write just
because you can speak English.
Special measures:

Youth Justice and Criminal Evidence Act,
1999
–

Coroners and Justice Act, 2009
–

provision for intermediaries for vulnerable
defendants but not implemented
Case law, for example:
–
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Vulnerable defendants excluded from ‘special
measures’
–
C v Sevenoaks Youth Court (2009)
R v Great Yarmouth Youth Court (2011).
Reasonable adjustments:
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
Equalities Act: ‘reasonable adjustments’
should be made to ensure that discrimination
against people with disabilities does not
occur

The vexed question of Registered and nonregistered intermediaries.
Liaison and diversion services:

Difficulty knowing who they are:
–
–


Bradley Report 2009; new liaison and
diversion services by 2014
Identification in police custody:
–
–
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‘Hidden disabilities’
Cloak of competence
–
Diversion away from CJ and into healthcare
Proceed with necessary support
Local information to support sentencing decisions.
Liaison and diversion services:

Offender Health Collaborative

National Liaison and Diversion Development
Network:
–
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http://www.nlddn.org.uk/
Fair Access to Justice?
Support for
vulnerable
defendants in the
criminal courts
Prison Reform Trust
June 2012
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Recommendations:
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
Special measures for vulnerable witnesses and
vulnerable victims equitable in law

Use of special measures and reasonable
adjustments recorded and reviewed

Greater clarity on where responsibility lies for
ensuring an individuals support needs are
recognised and met – liaison and diversion
services?

Information sharing: police/health/courts

Awareness training – ‘so what?’ factor.
Resources:
Sentence Trouble
www.sentencetrouble.info

Positive Practice, Positive Outcomes
http://tinyurl.com/4pcwat4

Autism:
a guide for criminal justice professionals
http://www.autism.org.uk/cjs

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Further reading:
The Bradley Report
http://tinyurl.com/cafvcn

Vulnerable Defendants in the
Criminal Courts
http://tinyurl.com/6eyjvu2

Prisoners Voices:
experiences of the criminal justice system
by prisoners with learning disabilities
http://tinyurl.com/7o4ufp3

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Thank you
[email protected]
www.prisonreformtrust.org.uk
http://www.prisonreformtrust.org.uk/Portals/0/D
ocuments/FairAccesstoJustice.pdf
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