Unfitness to Plead Consultation Responses - Law Commission ...

There is a real danger in conflating learning disability and mental illness. Cleary both
conditions can impact on the way the Criminal Justice System should respond. The
conditions are, however, different, and the degree and skill base of support will vary.
Liaison and diversion will also vary between these groups. It is accepted that comorbidity
provides a particularly difficult challenge but it is a clear responsibility of the
legal system to treat each individual appropriately according to their specific needs.
Re 4.14 and 4.15
We fully support the recommendations of the Prison Reform Trust which are reflected
in the Bradley Report recommendations on supporting vulnerable adults and liaison
and diversion.
In particular, we note the need for an easy to use screening tool to be available in the
Criminal Justice System as a first indicator of the probability of a leaning disability.
We fully endorse the need to specialist support – not just in police custody and the
courts – but also in prison and probation services.
We are concerned that the estimated 7% of adult male prisoners do not have access
to appropriate adult support for Prison Adjudications or Parole Board Hearings. This
is a significant weakness in the ‘fairness’ of the system.
Re 5.38, 7.13 and 8.66
The presence of a learning disability means by definition that the individual will have
reduced cognitive skill functioning. Their ability to understand and respond to various
situations is likely to be more appropriate to a much younger individual than the
chronological age of the actual defendant. The Criminal Justice System needs to be
cognisant of this and respond accordingly at all stages. We are concerned that the
required information that a defendant has a learning disability and also needs
additional support does not travel with them through the system. In particular,
defendants usually reach prison reception without the relevant information being
passed on from the police and courts.
Re A14 and A15
G:\Criminal\Fitness to Plead and insanity\FTP\Consultation responses\NGOs\National Steering Group for Offenders
with LDs\T; National Steering Group with Responsibility for Health Policy on Offenders with Learning Disability.doc