Social Science
Recognising & responding to defendants with intellectual disability in court settings
J McCarthy,
E Chaplin,
D Harvey,
K Tate-Marshall,
S Ali,
A Forrester
Peer Reviewed
Abstract
Background To date, there is little evidence on the characteristics of defendants with intellectual disability when presenting to the criminal court system. This study was developed to recognise and examine the characteristics related to gender, ethnicity, mental health and index offences of defendants with intellectual disability and compare these to defendants without intellectual disability within Court Liaison & Diversion Services in London, England. Methods This is a retrospective data analysis of routine administrative data collected by the Liaison and Diversion services across five Magistrates courts in London, England. Data were analysed on defendants identified through screening to have an intellectual disability and compared to defendants without an intellectual disability. Results 9088 defendants were identified, of these 4%, (349) were screened as having an intellectual disability. The study found an overrepresentation of defendants of black ethnicity along with high rates of comorbid mental illness and personality disorder amongst both non-intellectual disability and intellectual disability defendants. Defendants with intellectual disability self-reported self-harm and suicidal behaviour at higher rates. For neurodevelopmental disorders (NDD), those with intellectual disability were over 4 times more likely to have comorbid ADHD and over 14 times more likely to have ASD. Index offences were mostly similar although defendants with intellectual disability had elevated rates of being charged with sexual offences and breach of the peace. Conclusion The findings confirm the presence of a small but significant number of defendants with intellectual disability presenting to the Court Liaison & Diversion services who have significant needs in terms of comorbidity and risk for suicide and self-harm behaviour. Further research is needed to understand the experiences of defendants with intellectual disability presenting to the Court including how best to deliver service models to improve recognition and respond to their high rates of health needs.
Key Questions
CopyWhat is the main focus of this study?
The study looks at defendants with intellectual disabilities (ID) in court settings, comparing their characteristics—like gender, ethnicity, mental health, and types of offenses—to defendants without ID. It aims to understand their unique needs and improve how courts recognize and respond to them.
Why is this study important?
People with intellectual disabilities are overrepresented in the criminal justice system, but their needs are often overlooked. This study highlights the challenges they face, such as higher rates of mental health issues and self-harm, and calls for better support and recognition in court settings.
What were the key findings?
The study found that defendants with ID are more likely to have mental health issues, such as anxiety and personality disorders, and are at higher risk of self-harm or suicidal thoughts. They’re also more likely to have neurodevelopmental conditions like ADHD and autism. Black defendants were overrepresented in both groups, and while most offenses were similar, those with ID had higher rates of sexual offenses and breaches of court orders.
How was the study conducted?
Researchers analyzed data from 9,088 defendants referred to Court Liaison and Diversion (L&D) services in London. Of these, 349 (3.8%) were identified as having an intellectual disability. The data included information on gender, ethnicity, mental health, and offenses, and compared defendants with and without ID.
What challenges do defendants with ID face in court?
Defendants with ID often struggle to understand court proceedings, advocate for themselves, or communicate effectively. They’re also more likely to have comorbid mental health issues, which can worsen in the criminal justice system. Without proper recognition and support, they’re at risk of unfair outcomes and further harm.
What changes are needed to better support these defendants?
The study calls for better screening and identification of intellectual disabilities in court settings, as well as training for court staff and improved access to mental health services. It also highlights the need for tailored interventions to address the high rates of self-harm and mental health issues among this group.
