A report from the Equalities and Human Rights Commission (EHRC) has warned that the criminal justice system in England and Wales is failing defendants who are disabled or have mental health conditions.
The report calls for better treatment for those with autism, learning disabilities and brain injuries when they go to court, and that the system needs reform to ensure they receive a fair trial.
The system’s complexity and its specialist language present particular problems for disabled defendants, putting them at risk of not being able to effectively take part in the legal process.
The report, called Inclusive Justice, says there is a significant overrepresentation of people with learning disabilities and mental health issues passing through the criminal system, while too few legal professionals have adequate training to appropriately assist them.
The report also notes that remote hearings and increased digitisation during the pandemic threaten to make the situation worse.
One woman defendant said: “I know I’ve done something wrong, but I’m really not quite sure what that was.”
A crown court judge told the EHRC: “It seems to me that language is the real key, that the way we speak in court has to change … We do have to speak in a way which is not so far removed from the way that ordinary people speak and that includes people with impairments.”
Chair of the EHRC, Davis Isaac, said: “A non-discriminatory criminal justice system, that everyone can participate in, underpins our society. It stands for democracy, equality and the rule of law. It should give us all the chance of a fair trial, no matter who we are.
“But disabled people often face barriers to understanding their situation and making themselves properly understood to others. This can result in them feeling bewildered by the system and treated unfairly, which puts their right to a fair trial at risk.
“Clearly the system needs a redesign. The UK and Scottish governments need to make it a priority to understand the needs of disabled people in the system, giving serious consideration to our findings and recommendations, and commit to making our criminal justice systems fair for all.”
The justice system has not considered or been designed around the abilities and needs of disabled people, the report concludes. Reforms in England and Wales risk further reducing participation.
The report also says that defendants’ impairments are not always recognised, meaning adjustments are not made, and lawyers need more guidance and training. Data should be better monitored regarding disabled defendants in the courts.
The HM Courts and tribunal service said: “We work closely with disability groups to ensure we have reduced the barriers that disabled people may face throughout the justice system.
“This includes identifying people who have mental health, learning disabilities, substance misuse or other vulnerabilities at the earliest opportunity, and providing intermediaries to help with remote hearings.”
“We welcome the EHRC’s report and look forward to engaging with them to help improve our provisions further.”
