No One Knows: offenders with learning difficulties and learning disabilities

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(No Transcript)
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No One Knowsoffenders with learning
difficulties and learning disabilities
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Presentation

• People with learning disabilities and the
  criminal justice system
• The experiences of people with learning
  disabilities
• Police responses policy and practice
• Implications and recommendations

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Prison Reform Trust

• The Prison Reform Trust works to help people who
  are in prison. We believe that people in prison
  should be treated kindly and that prisoners
  should be helped so that they do not go back to
  prison.

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Prison Reform Trust

• The Prison Reform Trust finds out what people
  think about prison and tells the government ways
  in which it can do things better.
• Sometimes the government listens, sometimes it
  does not.

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Prison Reform Trust

• The Prison Reform Trust is independent.
• That means we do not work for the government. We
  can make decisions for ourselves. We think it is
  important that we are independent.

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No One Knows

• The Prison Reform Trust is working on a project
  called No One Knows.
• It is about what happens to people with learning
  difficulties when they get into trouble with the
  police.

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No One Knows

• The No One Knows project will last until October
  2008.
• At the end of the project we will write a report.
  
• The report will tell the government what they
  should do to make things better for people with
  learning difficulties who get into trouble with
  the police.

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No One Knows

• No One Knows is supported by a group of people
  with learning difficulties who have been in
  trouble with the police. Some have been to
  prison.
• The group is called the Working for Justice
  Group.
• Thank you to members of the Working for Justice
  Group for helping to design these slides.
• The Working for Justice Group is supported by
  KeyRing Living Support Networks and Avon Forensic
  CLDT.

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Who are we including?

• People who have difficulties with certain
  activities that involve thinking and
  understanding and who need additional support and
  help in their everyday living
• Some of this group may have learning disabilities
  and would, in the wider community, be able to
  access support from community learning disability
  services
• Others may have impairments covered by the
  Disability Discrimination Act, for example
  autistic spectrum disorders or dyslexia

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Important to remember

• One of the most prevalent vulnerable groups
  amongst offenders comprises those who do not have
  an intellectual disability as formally defined
  but who do have much lower cognitive and adaptive
  abilities than do either the general population
  or the offending population
• (McBrien, 2003)

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How many people?

• 7 of prisoners have an IQ of less than 70 and a
  further 25 have an IQ of less than 80 (Mottram,
  2007)
• 23 of juvenile prisoners have an IQ of less than
  70 (Harrington and Bailey et al, 2005)
• 20 of the prison population has some form of
  hidden disability that will affect and
  undermine their performance in both education and
  work settings. (Rack, 2005)
• Between 20 and 50 of men in prison have a
  specific learning disability (Disability Rights
  Commission 2005 memorandum to the Commons Select
  Committee on prison education)

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How many people?

• Assuming a prison population of 82,000
• 5,740 men, women and children with very low IQs
  of less than 70
• 20,500 with IQs between 71 80
• 16,400 with a hidden disability that will
  affect and undermine their performance in both
  education and work settings.

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How many more people?

• Police custody
• Courts
• Probation

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The experiences of people with learning
disabilities

• Members of the Working for Justice Group, from
  2006
• Views of prison staff, published 2007
• Literature review, published 2007
• Interviews with 173 prisoners identified by staff
  as having suspected learning disabilities or
  learning difficulties, summer/autumn 2007

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Research demonstrates that this group of
offenders

• Are at risk of re-offending because of
  unidentified needs and consequent lack of support
• Are excluded from elements of the prison regime
  including opportunities to address their
  offending behaviour

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Prisoner, dispersal prison

• To lower my risk I have to do ETS but because I
  can't read and write I can't lower my situation.
  I'm just stuck. They are saying that until I can
  read and write I can't do ETS and I can't lower
  my risk. It's hard. Hard dealing with the
  sentence let alone dealing with the stress of not
  being able to do the course. The pressure of
  being here and the pressure of having to do all
  the stuff (cognitive skills programmes) and
  knowing that you'll have to be here longer
  because you can't read and write.

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Prisoner, womens prison

• I was in a classroom but because of my reading
  they moved me out to do toe by toe and then I
  can go back when I can read.

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Continued

• Are targeted by other prisoners when in custody
• They do try and bully you, like pushing you and
  trying to get to the pool table first, but the
  screws have helped.
• Young offender, YOI
• People with learning difficulties are targeted,
  like in the showers. Best keep your head down.
  Dont get involved in stuff like education. Just
  bide your time in your cell.
• Member, W for J Group

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Continued

• Are unable to access prison information routinely
• I couldnt read any of the documents. They had
  to read them for me but they didnt always have
  time.
• Theres no help in prison. Its difficult to
  read whats happening, poor sight wasnt
  considered a problem. You dont know whats going
  on.
• Members, W for J Group

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Continued

• Are more likely to experience difficulties
  staying in touch with family and friends while in
  prison
• Getting people to write out visiting orders was
  hard. Sometimes I never got mine done because
  its hard to find someone to do it. Prison staff
  were too busy. I missed out on quite a few
  visits.
• Member, W for J Group
• I dont know how to use the phone, its that PIN
  thing isnt it? Prisoner, womens prison

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Continued

• Are more likely to experience depression and
  anxiety while in prison
• Prison is a dark and lonely place. Member,
  Working for Justice Group
• I cant get used to it, I cant cope with it. I
  want to be with my family, thats all I ask for
  I sat for days in the pouring rain at my mums
  graveside... I dont like being around other men
  for reasons of abuse in my past. Prisoner, local

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Continued

• Present numerous difficulties for staff who work
  with them, who often lack specialist training for
  working with this group of people
• It is time consuming and is not resourced
  adequately. It is often the case that it
  conflicts with performance targets. HOLS, Cat C
• We do our best, often what we have learned as
  parents ourselves, or even from television. Head
  of residence, YOI

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Continued

• Lack of appropriately qualified staff. HOLS, YOI
• Not knowing who they are or what support they
  need. Head of healthcare, YOI
• Theres a lack of understanding of the issues by
  senior managers theres no key performance
  target therefore resources are not prioritised.
  Psychology, local

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At the police station

• How the police behave to you is sometimes not
  helpful. They should treat you the same as other
  people. They are rough with you. They think
  youre thick. Member, W for J Group
• They shouldnt hurt you, should they? Member, W
  for J Group

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At the police station

• You dont really know whats happening because
  they speak too posh. Young offender, YOI
• If theyd explained things to me, Id be able to
  do what they said. I was on bail and I wasnt
  allowed to go to certain houses, and I went
  there. I didnt understand it because no-one told
  me what it was about. So I went there, got
  arrested, ended up in the magistrates because Id
  breached my bail conditions.
• Member, W for J Group

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In court

• I didnt understand really. I pleaded guilty
  straight away. I didnt know what he meant when
  he said custodial.
• Young offender, YOI
• It was weird. The court was big and there were
  lots of people people could just walk in off the
  streets. I didnt know who they all were.
  Prisoner, Women's prison

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When asked what court was like

• It the court was full of sadness and madness.
• Prisoner, Cat C
• I dont know really, the judge was alright, he
  didnt get angry or shout, he was nice and
  polite.
• Young offender, YOI
• I just felt sick you go backwards and forwards.
  In court the psychology woman said I was like a
  kid. I can talk to people and I like people
  around but I dont think they realised that I
  couldnt read and write very well. They said I
  had learning difficulties. Prisoner, dispersal

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On probation

• For a person with learning difficulties, the
  first time in front of a probation officer, how
  can they write a six page report when they have
  only known them for 45 minutes? Its beyond me.
• I see my probation officer every week and he
  helps me write things down and think about what
  Ive done.
• Members, W for J Group

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In prison

• I had my visiting form sent back because I didnt
  know their last name. I had to wait six weeks for
  the officer to phone and find out their last
  name. Nobody knows everyones last name,
  especially if they cant read. Member, W for J
  Group

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When asked what prison was like

• I dont like it, Im never coming in again. Im
  banged up for 24 hours a day. You cant do what
  you want like I wanted tobacco the other day but
  I couldnt just nip down to the shop. Young
  offender, YOI
• I feel lonely. I feel all alone.
• Prisoner, Local

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When asked what prison was like

• I cant understand some of the forms, or there
  are words that I dont know, and I just get mad
  again. If the girl next door is around she helps
  but shes not always there. I dont ask the
  officers because they just talk about all of us
  and I dont want them talking about my business.
  They just laugh at you. I told one once that I
  didnt go to education because I couldnt read,
  write or spell and I was embarrassed. He thought
  I was joking. Prisoner, Womens prison

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Leaving prison

• Theres a kid I know back home with learning
  difficulties he came out of prison, got no help
  and in two days he was back. Thats not long is
  it? Member, W for J Group
• We really both would like a care worker, someone
  to help us. Steve and James live in a place for
  people with learning difficulties. They get help
  with their budgeting and all sorts of things,
  thats what we want. Prisoner, local

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Leaving prison

• Its going to be hard. In here there are no
  responsibilities, outside Ive got to think about
  bills, food, getting a job. They dont prepare
  you for that. Ive only got social services for
  another year and then Ive got to be sorted.
• Young offender, YOI
• I will need a lot of help its going to be fast
  and Im institutionalised. When I went to my
  Nans funeral it was fast there were too many
  people there. Young offender, YOI

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Police responses to suspects with learning
disabilities

• a review of policy and practice

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Police responses to suspects with learning
disabilities

• Pre-arrest and arrest
• Caution and legal rights
• Detention
• Interview
• Disposal

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Policy practice

• Policy diversion into treatment and away from
  the criminal justice system is generally
  encouraged for mentally disordered offenders
• Practice decision-making on enforcement,
  diversion and disposal options is inconsistent

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Policy practice

• Policy an appropriate adult (AA) should be
  called to the police station if a person who is
  mentally disordered or otherwise mentally
  vulnerable has been detained
• Practice AA provision is patchy because
  suspects needs are frequently not identified,
  and there is a lack of individuals who can
  effectively perform the AA role

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Policy practice

• Policy a custody officer has a duty to seek
  clinical attention for a detainee who appears to
  be suffering from a mental disorder
• Practice in many areas, there is limited
  referral of suspects for clinical attention, and
  there are inconsistencies in the attention
  received from healthcare professionals

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Policy practice

• Policy confession evidence is not admissible in
  court if the police had failed to ensure that the
  requisite safeguards were in place during
  interview
• Practice criteria for assessing fitness to
  interview lack clarity

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Practice

• Presentation and follow through of suspects
  rights to legal advice is sometimes poor
• Though many criticisms have been made of the
  competence and effectiveness of legal advisers
  there is overwhelming evidence that suspects who
  receive such help are less likely to make
  self-incriminating confessions, and more likely
  to exercise their right to silence.
• (Clare, 2003)

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Implications

• Greater potential for miscarriages of justice for
  people with learning disabilities than for those
  without
• Potential for non-compliance with ECHR rights,
  the Disability Discrimination Act and,
  specifically the Disability Equality Duty

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Recommendations

• Policy development
• Terminology
• Special measures
• PACE provisions and legal advice
• Criminal responsibility and diversion
• Assessment for learning disabilities cooperative
  working
• Fitness for interview

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Recommendations

• AA provision
• Statutory provision
• Mandatory AA attendance where concerns are
  sufficient to request the involvement of
  healthcare professionals
• Clarification of AA attendance at charge

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From members of the Working for Justice Group

• You should always be able to get an appropriate
  adult (AA) without having to wait for a long time
• Where the AA is not a family member or close
  friend, s/he should have undertaken training and
  carry proof that they are an approved and trained
  AA. Family members and friends willing to
  undertake the role of AA should be encouraged to
  undertake training

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From members of the Working for Justice Group

• The role of AA should be extended to include
  support of defendants with learning disabilities
  in court ideally the AA will be the same person
  who provided support at the police station
• People with learning disabilities should have a
  choice in who performs the role of AA

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Recommendations

• Police forces
• Screening suspects
• Police officer training
• Local AA schemes
• Strengthen liaison with local health and social
  care
• Routine review of disposal for vulnerable
  suspects monitor bail decisions

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From members of the Working for Justice Group

• Relationships between local community learning
  disability services and local criminal justice
  agencies should be improved
• Support workers for people with learning
  disabilities should have a better understanding
  of the criminal justice system, including visits
  to courts and police stations, and vice versa

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From members of the Working for Justice Group

• Police officers should receive training
• There should be a scheme similar to Victim
  Support but for suspects and defendants with
  learning difficulties. The scheme should be
  accessible at the police station
• There should be easy read information on what
  to expect when people enter the criminal justice
  system

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What can you do?

• Follow the journey what actually happens to a
  person with learning disabilities when s/he gets
  into trouble with the police in your area?
• How do the police respond?
• How do the police know if somebody has learning
  disabilities or requires an appropriate adult?
• How available are appropriate adults in your
  area?
• Is there a criminal justice liaison and diversion
  scheme? Are people with learning disabilities
  included? Is there expertise in learning
  disabilities?

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What can you do?

• How accessible is information for suspects with
  learning disabilities at the police station?
• What support is available for defendants with
  learning disabilities in court? How accessible is
  court information?
• What options are available locally for attendance
  at a community learning disability service as
  part of a community order? Are the courts aware?
• What support can community learning disability
  services give to probation teams?

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What can you do?

• What in reach support can community learning
  disability services give to prison staff?
• What do the seams look like between the
  police, probation service, youth offending teams,
  courts, prisons, community learning disability
  services and adult social services? What are
  relationships like? How often do you meet? What
  about shared training?
• What role can Learning Disability Partnership
  Boards play? Is there a co-ordinating role?

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What PRT will do

• Conclude research programme and publish, May 2008
• Dissemination via website, ongoing
• Agenda for change, summer 2008
• Campaign, autumn 2008

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For further information

• www.prisonreformtrust.org.uk/nok
• Thank you