Learning Disability in Criminal Justice: Challenges and Support

This report discusses the challenges faced by individuals with learning disabilities in the criminal justice system and the support available to them. It covers the evaluation of learning disabilities, laws providing protection, and the role of NGOs and healthcare professionals.

LEARNING DISABILITY IN
CRIMINAL JUSTICE

Table of Contents
INTRODUCTION ..........................................................................................................................1
MAIN BODY...................................................................................................................................1
CONCLUSION ...............................................................................................................................2
REFERENCES ...............................................................................................................................4

INTRODUCTION
Person whom having learning disability refer to heterogeneous group of disorders facing
many difficulties such as listening, reasoning, reading, mathematical, speaking, writing abilities
and can come under criminal justice system (CJS). If they are contrast with general public, they
found several difficulties to express themselves which is a negative impact on others. The
specific disorders as learning disabilities are hearing disorder, dyslexia, speech disorder, non
verbal learning disabilities. The report cover the discussion which is about learning disabilities in
the criminal justice (Johnston, 2021).
MAIN BODY
A learning disability is a disorder which started before adulthood and reduced the ability to
learn tasks, understand complex information, lose of social interaction which affect on
development. This means they are living their lives independently and they need support to carry
out daily life activities. There have been evaluation that 20% adults are having learning disability
which are known to learning disability service. Provide them effective ingress to health and
justice services by giving ability of forensic practitioners ,CJS clinicians and other staffs. The
CJS term stand for police, court, probation and prison. They deal the person that breaks the law
known as offenders. But sometimes individuals are taken to prison for breaking laws then they
have to follow legal procedure. Due to this person get confused and does not recognize what is
wrong with them and unfortunately they committed crime and they did not understand why they
get arrested by police. Then person undergo interrogation by the police, but the person do not
understand why these happening to them, so police should explain to the other staff that they
finds difficulties. Staff come and examine the person is actually having learning disabilities or
not (Lindsay and Taylor, 2018).
Persons who have learning disabilities have chances to get arrested for breaking the rule.
Due to which they have to go to criminal justice system. Meaning of criminal justice system is
police, court, prison and probation. Those have this issue may find things difficult in
concentration, in remembering things and in attention, because of this they have to face many
issues in any police interviews or in any forensic interviews. They can get confuse in many
things such as dates, times and in remembering sequence of events. So those have learning
disabilities and learning difficulties in criminal justice system requires outer support in number
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of things like in understanding the information which is provided to them or in understanding
that how criminal justice system works. This support is either provided by the clinicians or by
clinical justice system staff. There is some important laws also that provide protection to those
people who have learning disabilities those laws are mental health act, act of equalities and act of
mental capacity.
The person with learning disabilities in CJS may provided extra support like explaining
themselves to staff, knowing their rights, understand that how the CJS works and knowing who
can help them and support them. They have developed information guide and training for the
staff who are working in CJS by providing services such as community learning disability teams
who can evaluate and guide to a person. Criminal justice teams works with health and social care
service (Farris and et. al., 2020). Youth offending teams (YOT) and Child and adolescent mental
service (CAMHS) who help children and young person. Charities and other groups supports and
help with learning disabilities. There are some laws for this The Mental Capacity Act , The
Equalities Act and The Mental Health Act.
For learning disabilities people, there are some members those select that whether that
person will stay in criminal justice system or not. That person could be a judge or a doctor. If
someone have a learning disability they should inform the police and then police should tell the
other staff about the person learning disability. Then police staff will provide information to the
other member about those things which the person with learning disabilities found difficult.
Police staff will decide if there is any possibility that a person could get injure or wrongly treated
by other people (Hyun, and et. al. 2014). If the person is below 17 years old there must be any
appropriate adult with him or her. That person does not work for the police. If the staff see that
the person requires some relaxation or any other help to understand. Staff can make some
reasonable adjustment such as seeing the court room before any trial or telling the difficult words
and keeping everything normal.
CONCLUSION
From above report, it is concluded that learning disability can affect a person in several
ways and they has to experience social problems. Person whom having learning disabilities can
connect to criminal justice system are not known for the any diagnosis or any other services but
it may connect to the NGOs and health care professionals. These NGOs check that the person is
facing any difficulties with criminal justice system or not. They check that people are able to
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cope with criminal justice system. These teams are learning disability partnership boards, child
and adolescent mental health services (CAMHS), charities and other groups and youth offending
teams (YOTs).
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REFERENCES
Books and Journals
Farris, E.A., Alexander, E.E. and Odegard, T.N., 2020. Assessment and identification of learning
disabilities. The clinical guide to assessment and treatment of childhood learning and
attention problems, pp.3-32.
Hayes, S., 2007. Missing out: Offenders with learning disabilities and the criminal justice
system. British Journal of Learning Disabilities, 35(3), pp.146-153.
Hyun, E., Hahn, L. and McConnell, D., 2014. Experiences of people with learning disabilities in
the criminal justice system. British journal of learning disabilities, 42(4), pp.308-314.
Johnston, S., 2021. Epidemiology of offending in learning disability. In The handbook of
forensic learning disabilities (pp. 15-29). Routledge.
Lindsay, W.R. and Taylor, J.L. Eds., 2018. The Wiley Handbook on Offenders with Intellectual
and Developmental Disabilities: Research, Training, and Practice. John Wiley & Sons.
Online
Learning disabilities: supporting people in the criminal justice system, 2019 [online] available
from: <https://www.nursingtimes.net/roles/learning-disability-nurses/learning-disabilities-
supporting-people-in-the-criminal-justice-system-17-06-2019/>
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