Defendants with intellectual disability and autism spectrum conditions : the perspective of clinicians working across three jurisdictions

McCarthy, J; Chaplin, E; Hayes, S; Søndenaa, E; Chester, V; Morrissey, C; Allely, CS; Forrester, A

Abstract

The treatment of vulnerable defendants by criminal justice systems or correctional systems varies within and between countries. The purpose of this paper is to examine three legal jurisdictions - New South Wales in Australia, Norway, England and Wales - to understand the extent of variation in practice within the Court systems for defendants with intellectual disabilities (ID) and/or autism spectrum conditions (ASC).
Two of the jurisdictions had a process for screening in place, either in police custody or at court, but this was not universally implemented across each jurisdiction. All three jurisdictions had a process for supporting vulnerable defendants through the legal system. Across the three jurisdictions, there was variation in disposal options from a mandatory care setting to hospital treatment to a custodial sentence for serious offences. This variation requires further international exploration to ensure the rights of defendants with ID or ASC are understood and safeguarded.
Evidence is provided by clinical experts who describe the current context within and between countries. Finally, we discuss the most challenging issues identified by authors including screening, support in Court, legal frameworks, options for disposal, implications for practice and future research directions.

• Journal Article Type: Article
• Acceptance Date: Jul 28, 2021
• Online Publication Date: Nov 3, 2021
• Publication Date: Nov 3, 2021
• Deposit Date: Sep 27, 2021
• Publicly Available Date: Nov 9, 2021
• Journal: Psychiatry, Psychology and Law
• Print ISSN: 1321-8719
• Electronic ISSN: 1934-1687
• Publisher: Taylor and Francis
• Volume: 29
• Issue: 5
• Pages: 698-717
• DOI: https://doi.org/10.1080/13218719.2021.1976297
• Publisher URL: https://doi.org/10.1080/13218719.2021.1976297
• Related Public URLs: https://www.tandfonline.com/toc/tppl20/current
• Additional Information: Funders : Guy’s & St. Thomas’ Charity, Guy’s Hospital, London; Projects : Early intervention and assessment of intellectual disabilities and autism in Court; Grant Number: MAJ150703