1. People with Learning Disabilities in the Criminal Justice System
Sue Kerswell
Offender Health - South West
Criminal Justice System – is the way we make sure people obey the law and if they don’t there is a fair way to deal with them. This means working together with the police, courts and prisons.

2. My Job Work with health, social care and
criminal justice agencies across the South West to improve the way people with learning disabilities are identified if they find themselves in trouble with the law or if they do things that might get them into trouble with the
police
And if people do find themselves in trouble with the police that their needs are properly met

3. Who are we talking about
It is believed that about a ¼ of the people
who get in trouble with the law have some
form of learning disability that prevents them
coping with the criminal justice system
€ €€ € €
7% of prisoners have an IQ of less than 70 and a further 25% have an IQ of less than 80 (Mottram, 2007)
23% of juvenile prisoners have an IQ of less than 70 (Harrington and Bailey et al, 2005)
Up to 9% of people arrested have learning disabilities (Holland et al 2002)
26% of people known to learning disability services have or are at risk of offending

4. What are the issues - The Police Station
Police Officers don’t always know when someone has a learning disability
Few Appropriate Adults
Lack of accessible information; difficulties understanding process & rights
Getting the Criminal Justice Service response right
Questioning – people answer yes to please and agree with all questions
Appropriate Adults job is to make sure that the person who has been arrested understands what is happening to them (the custody process), legal advice and any questions that the police might ask

5. What are the issues - Court
Some people do not know why they
are at court
The way questions are asked makes
people with learning disabilities more likely to say yes
Words used in Court are difficult to understand
‘Special Measures’ are available for victims, but not always for the accused
Courts are not told when people have a learning disability
When they are told, it is not always clear what support people can get
Special Measures – are things that help vulnerable witnesses or victims when they are giving evidence e.g. giving evidence by video, removal of wigs and gowns and having some one (an intermediary) to help the person communicate

6. What are the issues - prison
Don’t know when people have a learning disability
Prison rules can be hard to understand
People with learning disabilities don’t know why they are there/parole/ release dates
Everything based on filling out forms
Lack of programmes suitable for people with learning disabilities
Less likely to take part in activities
More likely to experience seclusion & restraint
More likely to experience depression and anxiety

7. Why with learning disabilities are 1 of the groups of
Valuing People Now (DH, 2009) says that offenders
with learning disabilities are 1 of the groups of
people who miss out more than others. It says that
the needs of these people must be part of any plans
about learning disability
The Bradley Report (Lord Bradley 2009), an
independent review into the needs of people
with mental health needs and learning disabilities
identified many areas where services could be
improved for people with learning disabilities.
Other reports include:
Positive Practice, Positive Outcomes (2010)
Disability Discrimination Act (2005)
Prisoners Voices, Prison Reform Trust (2008)
Health Action Planning Guidance (2009)
Commissioning Specialist Adult Learning Disability Services (2007)

8. What am I doing Looking at what is happening across the South West
Supporting Steering Groups to make change happen
Conference to share good practice and set local actions
Training for criminal justice staff
Supporting national developments to happen in the South West
Looking at ways of making sure people’s needs are identified
Joined up work between criminal justice and learning disabilities staff

9. Learning Disability and Criminal Justice Groups
Regional Valuing People
Regional Offender Health Lead
LDPB
LD & CJS group
Prison Partnership Board
Learning Disability
Services
Prison
People with
Learning Disabilities
Police
Courts
Probation

10. What is the Dorset Learning Disabilities and Criminal Justice Group doing?
Agreed the groups rules
Looking at more joined up working
Plan to map existing services within Dorset, Poole and Bournemouth for people who are, or may come into contact with Criminal Justice
Map out current assessment criteria to Learning Disability Services
Identify current training needs for all Criminal Justice staff; how training is being delivered and unmet training needs

11. Sue Kerswell