People with learning disabilities as offenders or alleged offenders in the UK criminal justice system

Appropriate adults: Their experiences and understanding of Autism Spectrum Disorder

An appropriate adult (AA) is required by law, to support juveniles and vulnerable adults during custody procedures. This paper explored the opinions and knowledge of AAs and how the characteristics of Autism Spectrum Disorder (ASD) could disadvantage an individual within a police interview. A questionnaire was administered to AAs who had received training to carry out their duties (N = 55). AAs were asked a number of questions concerning suspects with ASD. Overall, the questionnaire found that AAs had some awareness of the key features of ASD. However, AAs were less aware of the possible impact these characteristics could have upon the interview process. Nevertheless, when asked about actual practice, fifteen incidents were reported where it was deemed that the characteristics of ASD disrupted interview procedures. For example, it was reported that suspects with ASD displayed repetitive and rigid behaviour patterns that interfered with the flow of the interview. Encouragingly, the self-reported data suggested that AAs were able to respond effectively to these actual incidents. That withstanding it is suggested that AA training should include information about how those with ASD might be at a disadvantage within the forensic interview environment and outline strategies that AAs could use to help a person with ASD fully engage within the criminal justice process.

Striking the Right Balance: Police Experience, Perceptions and Use of Independent Support Persons During Interviews Involving People with Intellectual Disability

BACKGROUND

Several jurisdictions mandate the presence of an independent support person during police interviews with vulnerable people. The current study investigated police officers' experiences and perceptions of these volunteers during interviews with people with intellectual disability(ies) (ID).

METHODS

The sample comprised 229 police officers who attended a mandatory firearms training course in Melbourne, Australia, in 2010.

RESULTS

Participants commonly reported utilizing independent support persons and displayed a fair understanding of their role. Overall, volunteers were engaged more frequently than family/friends; police considered the volunteers to be more impartial during interviews, whereas family/friends provided a greater level of emotional support to interviewees.

CONCLUSIONS

Independent support persons need to demonstrate two quite different types of support to people with intellectual disability(ies) during police interviews; these require quite different skill sets and suggest the need for more tailored training and support for these volunteers. Implications for future research and policy are discussed.

Intellectual disability screening in women prisoners: preliminary evaluation

PURPOSE

- The purpose of this paper is to evaluate a new Intellectual Disability (ID) screening service within a women's prison in England.

DESIGN/METHODOLOGY/APPROACH

- Analysis of prisoner records was carried out to establish characteristics of women entering the prison, rates of screening completion and time intervals for all stages of the assessment pathway.

FINDINGS

- In total 198 women were received into prison and underwent 202 ID screens. Nine out of ten women completed a screen, almost all on arrival or very soon afterwards. There were 23 referrals for secondary assessment but only four were completed. Most of the women identified for additional screening left the prison before this could be achieved.

ORIGINALITY/VALUE

- This evaluation is the first to show that preliminary screening for ID is feasible in prison. This screening alone is useful for prisons to make the kind of reasonable adjustment required of public bodies by the Equality Act. However, its value is constrained unless resources are also dedicated to the kind of additional screening which might lead to definitive diagnosis and care planning for intellectual disability. This model of assessment would be of considerable value in establishing prisoners at risk by virtue of different levels of intellectual disability and could be used to provide more reliable and routine estimates of prevalence contributing to overall better service planning.

The prevalence and nature of intellectual disability in Norwegian prisons

BACKGROUND

The objective of the study was to calculate the prevalence of inmates with intellectual disabilities (ID), and identify historical, medical and criminological characteristics of a certain impact.

METHODS

A random sample of 143 inmates from a Norwegian prison cross sectional sample was studied. The Hayes Ability Screening Index (HASI) was validated with the Wechsler Abbreviated Scale of Intelligence (WASI).

RESULTS

The prevalence of inmates with ID, IQ < 70, was 10.8%. Some essential characteristics of inmates with ID were more frequent medication for mental disorders, a higher number of imprisonments, less drug abuse and less education than the other inmates. The results indicated that the HASI is a valid tool for screening of ID for the Norwegian inmates.

CONCLUSIONS

The prevalence of ID in Norwegian inmates is significant, measured by WASI and HASI. Identification, rehabilitation and care, concerning an intellectual handicap, are mostly absent in the Norwegian criminal justice system.

Mental impairment in the West Midlands: 10 years on

In 1989, a survey was undertaken to describe the learning disabled population, originating from the West Midlands, classified as mentally impaired or severely mentally impaired under the Mental Health Act 1983. The results obtained were then used to help guide future service development within the region. Given the marked changes in service provision over the subsequent decade, the study was repeated in 1998-1999, looking at the same population on 1st December 1997 (prior to the Bournewood Ruling). Attempts were made to identify all people residing within the West Midlands region, or originating from it, and classified as mentally impaired or severely mentally impaired under the Mental Health Act (1983). This was achieved by contacting medical records departments, learning disability consultants and Health Authorities. The same data set as the original study was then collected from case notes to allow comparison. The current study however, collected extra information, relating to diagnosis, treatment and outcome. Ninety-three people were identified for the study. Over the 10 years, there has been approximately a 100% increase in the numbers of people detained under these categories of the Mental Health Act (1983). There has been a marked increase in the use of the private sector, as well as out-of-region placements. Sexual offending seemed a common reason for detention. The authors attempt to explain this phenomenon. They also highlight the need for future developments and greater systematic data collection.

Offenders with intellectual disability: the size of the problem and therapeutic outcomes

BACKGROUND

People with intellectual disability (ID) who offend may be subject to a variety of dispositions within the criminal justice system, or via diversion to health and social services in inpatient units or in community ID teams. Offenders with ID are a group with complex needs who may pose a recurrent risk to the public. Despite the significant number of offenders with ID, there is limited evidence on treatment effectiveness and outcomes.

METHODS

A literature search of all electronic databases was undertaken, and journals were hand-searched for clinical trials or case studies of interventions for offenders with ID. The main outcome was recidivism rates.

RESULTS

There were no published clinical trials of offenders with ID. A series of small-scale group cognitive-behavioural treatments for sex offenders offers the most persuasive evidence of success in reducing recidivism.

CONCLUSION

Offenders with ID often receive inadequate services as a result of poor identification through the criminal justice system and research into effective treatments is rudimentary. Further studies are necessary in order to improve treatment efficacy and service provision for a complex group of individuals.

Fit to be interviewed by the police--an aid to assessment

The assessment of a suspect's fitness to be interviewed by the police is becoming an increasingly important part of a police surgeon's workload. This paper discusses the assessment in terms of the various factors that may render a person prone to providing an involuntary or false confession and proposes an aide memoire to assist the examining doctor.