A Guide to the Guide Clinical Forum: Learning Disabilities Wednesday 23 November 2011

The Zaphod Beeblebrox approach

Hitchhiker – Hitchhiker – “To travel by getting free rides in someone else’s vehicle”

Purpose of the (Hitchhiker’s) Guide To promote travelling in the same direction To promote travelling in the same direction To ‘give a lift’ to those who require it To ‘give a lift’ to those who require it To move people as far along the journey as they require To move people as far along the journey as they require (and to challenge how far that needs to be) To encourage those with their own transport to help others on the way To encourage those with their own transport to help others on the way To provide those who wish to travel further with a map To provide those who wish to travel further with a map

The Guide on-line Efficiency and economy Efficiency and economy Aimed for a ‘Plain English’ approach Aimed for a ‘Plain English’ approach Readily accessible to most professionals in criminal justice Readily accessible to most professionals in criminal justice Allows elements to be selected for specific professional interests Allows elements to be selected for specific professional interests Allows readers to link to more detailed information on areas of interest Allows readers to link to more detailed information on areas of interest Allows updating of sections and links as necessary Allows updating of sections and links as necessary

Structure of the Guide 1. What is a Learning Disability? 2. The same as you? and Rights 3. Learning Disability and the Criminal Justice System 4. Information about and for the Police Service 5. Information about and for Prosecution and Defence 6. Information about and for Court Staff 7. Information about and for the Criminal Justice Social Work Service 8. Information about and for the Prison Service 9. Information about health and social work services supporting people with a learning disability 10. More Information and Resources 11. Organisations and Services

Structure of the Guide 1. What is a Learning Disability? 2. The same as you? and Rights 3. Learning Disability and the Criminal Justice System 4. Information about and for the Police Service 5. Information about and for Prosecution and Defence 6. Information about and for Court Staff 7. Information about and for the Criminal Justice Social Work Service 8. Information about and for the Prison Service 9. Information about health and social work services supporting people with a learning disability 10. More Information and Resources 11. Organisations and Services

Key Messages

Reason for involvement People with a learning disability come into contact with criminal justice services as People with a learning disability come into contact with criminal justice services as Witnesses Witnesses Victims Victims People accused or suspected of a crime People accused or suspected of a crime People convicted of a crime People convicted of a crime More likely to be victims of, or witnesses to, crime rather than offenders More likely to be victims of, or witnesses to, crime rather than offenders

Identification It is not always obvious that someone has a learning disability It is not always obvious that someone has a learning disability Later ‘stages’ in the criminal justice process should not make assumptions Later ‘stages’ in the criminal justice process should not make assumptions If an individual’s learning disability is not identified they may not receive the support they require If an individual’s learning disability is not identified they may not receive the support they require Importance of putting the individual first Importance of putting the individual first

Communication, communication, communication Recognise the importance of clear communication Recognise the importance of clear communication Respond to individual communication needs Respond to individual communication needs Where appropriate, get advice Where appropriate, get advice Take time to explain Take time to explain Don’t always rely on the spoken word Don’t always rely on the spoken word Avoid unneccesarily complex, complicated or lengthy jargonistic sentences that not only serve to disrupt the syntactical and semantic systems utilised but fail to determine the locus. Avoid unneccesarily complex, complicated or lengthy jargonistic sentences that not only serve to disrupt the syntactical and semantic systems utilised but fail to determine the locus.

The Equality Act 2010 Includes the requirement for Public Bodies to Includes the requirement for Public Bodies to advance equality of opportunity between disabled persons and others… advance equality of opportunity between disabled persons and others… take positive action to overcome or minimise disadvantage for disabled people, even where that involves treating them more favourably than others take positive action to overcome or minimise disadvantage for disabled people, even where that involves treating them more favourably than others

People with learning disabilities as victims of crime More likely due to More likely due to Limited ability to identify risky situations Limited ability to identify risky situations Vulnerability to being tricked, deceived or exploited by others Vulnerability to being tricked, deceived or exploited by others Being targeted as ‘easy victims’ who will find it hard to report crimes Being targeted as ‘easy victims’ who will find it hard to report crimes Being more likely to live in high crime neighbourhoods Being more likely to live in high crime neighbourhoods

People with learning disabilities as witnesses to crime Possibly used less often that they could be? Possibly used less often that they could be? Continuing perception that they might not be good witnesses Continuing perception that they might not be good witnesses Benefit of Benefit of Appropriate Adult Services Appropriate Adult Services Vulnerable Witness Act Vulnerable Witness Act Witness Support Service Witness Support Service

People with learning disabilities as offenders The range of offences committed, and motivation behind these is largely consistent with general offending patterns The range of offences committed, and motivation behind these is largely consistent with general offending patterns Many people with a learning disability can, and should, take responsibility for their actions Many people with a learning disability can, and should, take responsibility for their actions Others may require to be diverted to more appropriate settings that can address care needs and offending behaviour Others may require to be diverted to more appropriate settings that can address care needs and offending behaviour

Some Key Points from specific profession sections Police should Police should make effective use of Appropriate Adults make effective use of Appropriate Adults further develop links with other services further develop links with other services Lawyers should be aware of Lawyers should be aware of the particular vulnerabilities of people with a learning disability in providing evidence the particular vulnerabilities of people with a learning disability in providing evidence the potential benefits of people with a learning disability providing evidence the potential benefits of people with a learning disability providing evidence the potential benefits of ‘special measures’ under the Vulnerable Witnesses Act the potential benefits of ‘special measures’ under the Vulnerable Witnesses Act

Some Key Points from specific profession sections Courts should recognise Courts should recognise The quality of testimony given by a person with a learning disability is strongly influenced by the type of questions that are asked The quality of testimony given by a person with a learning disability is strongly influenced by the type of questions that are asked It is important for court professionals to adjust their language to the level of understanding of the accused person It is important for court professionals to adjust their language to the level of understanding of the accused person

Some Key Points from specific profession sections Criminal Justice Social Work services Criminal Justice Social Work services Potential for use of diversion from prosecution as a positive intervention Potential for use of diversion from prosecution as a positive intervention Should have good links with local learning disability services Should have good links with local learning disability services Prisons Prisons Should ensure that Prison Healthcare Teams are aware of prisoners who have a learning disability Should ensure that Prison Healthcare Teams are aware of prisoners who have a learning disability Need to recognise potential vulnerability of prisoners with a learning disability Need to recognise potential vulnerability of prisoners with a learning disability

The guide as a starting point for our hitchhikers guide – The guide as a starting point for our hitchhikers guide – Rest of today’s presentations will highlight some of the destinations (and alternative modes of transport) Rest of today’s presentations will highlight some of the destinations (and alternative modes of transport) Important to recognise that the learning from this work will not just apply to a small group of people with ld Important to recognise that the learning from this work will not just apply to a small group of people with ld

Cooke & Philip (1998) “Comprehending the Scottish Caution: Do offenders understand their right to remain silent? 100 young offenders 100 young offenders 89% claimed to have full understanding 89% claimed to have full understanding only 11% judged by assessors to have full understanding of all elements of caution only 11% judged by assessors to have full understanding of all elements of caution 23% judged to have no understanding! 23% judged to have no understanding!

And finally, “So long, and thanks for all the fish”? “So long, and thanks for all the fish”?or “Life, The Universe and Everything”? “Life, The Universe and Everything”?

Acknowledgements Association of Chief Police Officers in Scotland Crown Office and Procurator Fiscal Service ENABLE Faculty of Advocates Law Society for Scotland Members of The same as you? Implementation Group Mental Welfare Commission People First Scottish Consortium for Learning Disability Scottish Court Service Scottish Prison Service Staff in the Health and Justice Directorates of Scottish Government