The justice system is repeatedly failing people with learning disabilities and mental health problems, says a law reform charity.
Campaign group Justice says mental health experts rather than the police should identify people with learning disabilities or mental health problems.
Director of Justice Andrea Coomber: there are still major problems with the justice system’s response to vulnerable people, she believes
And in their report, Mental Health and Fair Trial, Justice argues these experts should ensure proper support is in place.
Further, there should be specialist prosecutors who would make decisions on whether to charge vulnerable people.
Statistics of learning disabilities and mental health problems
The report points to statistics showing people with learning disabilities and mental health problems are more likely to end up in the justice system.
Around 7 per cent of prisoners are thought to have a learning disability, compared with 2 per cent of the general population. Meanwhile, up to 39 per cent of people in police custody have a mental health issue.
Andrea Coomber is director of Justice. She said: “There are still fundamental problems with the criminal justice system’s response to vulnerability and too few people receive reasonable adjustments to enable them to effectively participate in their defence.”
But Coomber stressed efforts are underway to create an integrated justice and mental health system.
The report suggests that courts should have dedicated mental health judges. It would be their responsibility to ensure that the justice system deals appropriately with cases involving vulnerable defendants.
Capacity-based test of fitness to plead
It further suggests that all courts should be able to use a capacity-based test of fitness to plead and stand trial.
There should also be amendments to the ‘insanity’ defence, it argues. The defence should change to encompass those ‘not criminally responsible by reason of a recognised medical condition’.
Further, a sentencing guideline on vulnerability should be created and a broader range of options made available to judges.
Autism Eye contacted the Ministry of Justice, but they did not respond.
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Published: 5 December 2017
