Mental Health, Autism & Learning Disabilities in the Criminal Courts
Information for magistrates, district judges and court staff
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Learning disabilities summary
Learning disabilities summary
Summary:
Around 2% of the population has a learning disability; with appropriate support many can live productive and fulfilling lives.
It is estimated that between 5 and 10% of adults who offend have learning disabilities.
A learning disability is a lifelong condition; people with a learning disability frequently have greater health needs than the general population, including mental health conditions, and some might have autism.
A learning disability is different to a learning difficulty, although the terms are sometimes used interchangeably
Learning disabilities are more common in the offending population than the general population.
A learning disability is considered a disability under the Equality Act 2010.
There are often no visual clues that a person has a learning disability and some people may try to hide their condition for fear of ridicule, and to appear the same as everybody else. There are, however, some signs to look out for.
Further reading:
A common sense approach to working with defendants and offenders with mental health problems, Together for Mental Wellbeing (2010)
; pages 19-21
Access to Justice: a guidebook supporting the responsive and appropriate management of adults with a learning disability in the criminal justice system in Wales, Public Health Wales (2013)
Prisoners’ Voices: experiences of the criminal justice system by prisoners with learning disabilities and difficulties, Talbot (2008)
; pages 21-25
Positive Practice Positive Outcomes: a handbook for professionals in the criminal justice system working with offenders with learning disabilities, Department of Health (2011)
; pages 5-36 and 41-45
The Advocate's Gateway Toolkit 4, Planning to question someone with a learning disability
A joint inspection of the treatment of offenders with learning disabilities within the criminal justice system - phase 1 from arrest to sentence
HMI Probation (2014)
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