A Guide to the A Guide to the GuideGuide

Clinical Forum: Learning Clinical Forum: Learning DisabilitiesDisabilities

Wednesday 23 November Wednesday 23 November 20112011

The Zaphod Beeblebrox The Zaphod Beeblebrox approachapproach

Hitchhiker –Hitchhiker –

““To travel by getting free To travel by getting free rides in someone else’s rides in someone else’s vehicle”vehicle”

Purpose of the Purpose of the (Hitchhiker’s)(Hitchhiker’s) Guide Guide

To promote travelling in the same To promote travelling in the same directiondirection

To ‘give a lift’ to those who require itTo ‘give a lift’ to those who require it To move people as far along the journey as To move people as far along the journey as

they require they require (and to challenge how far that needs to be)(and to challenge how far that needs to be)

To encourage those with their own To encourage those with their own transport to help others on the waytransport to help others on the way

To provide those who wish to travel To provide those who wish to travel further with a mapfurther with a map

The Guide on-lineThe Guide on-line Efficiency and economyEfficiency and economy Aimed for a ‘Plain English’ approachAimed for a ‘Plain English’ approach Readily accessible to most Readily accessible to most

professionals in criminal justiceprofessionals in criminal justice Allows elements to be selected for Allows elements to be selected for

specific professional interestsspecific professional interests Allows readers to link to more Allows readers to link to more

detailed information on areas of detailed information on areas of interestinterest

Allows updating of sections and links Allows updating of sections and links as necessaryas necessary

Structure of the GuideStructure of the Guide1.1. What is a Learning Disability?What is a Learning Disability?2.2. The same as you? and RightsThe same as you? and Rights3.3. Learning Disability and the Criminal Justice SystemLearning Disability and the Criminal Justice System4.4. Information about and for the Police ServiceInformation about and for the Police Service5.5. Information about and for Prosecution and DefenceInformation about and for Prosecution and Defence6.6. Information about and for Court StaffInformation about and for Court Staff7.7. Information about and for the Criminal Justice Information about and for the Criminal Justice

Social Work ServiceSocial Work Service8.8. Information about and for the Prison ServiceInformation about and for the Prison Service9.9. Information about health and social work services Information about health and social work services

supporting people with a learning disabilitysupporting people with a learning disability10.10. More Information and ResourcesMore Information and Resources11.11. Organisations and ServicesOrganisations and Services

Structure of the GuideStructure of the Guide1.1. What is a Learning Disability?What is a Learning Disability?2.2. The same as you? and RightsThe same as you? and Rights3.3. Learning Disability and the Criminal Justice SystemLearning Disability and the Criminal Justice System4.4. Information about and for the Police ServiceInformation about and for the Police Service5.5. Information about and for Prosecution and DefenceInformation about and for Prosecution and Defence6.6. Information about and for Court StaffInformation about and for Court Staff7.7. Information about and for the Criminal Justice Information about and for the Criminal Justice

Social Work ServiceSocial Work Service8.8. Information about and for the Prison ServiceInformation about and for the Prison Service9.9. Information about health and social work services Information about health and social work services

supporting people with a learning disabilitysupporting people with a learning disability10.10. More Information and ResourcesMore Information and Resources11.11. Organisations and ServicesOrganisations and Services

Key MessagesKey Messages

Reason for involvementReason for involvement People with a learning disability come People with a learning disability come

into contact with criminal justice into contact with criminal justice services asservices as WitnessesWitnesses VictimsVictims People accused or suspected of a crimePeople accused or suspected of a crime People convicted of a crimePeople convicted of a crime

More likely to be victims of, or witnesses More likely to be victims of, or witnesses to, crime rather than offendersto, crime rather than offenders

IdentificationIdentification

It is not always obvious that someone It is not always obvious that someone has a learning disabilityhas a learning disability

Later ‘stages’ in the criminal justice Later ‘stages’ in the criminal justice process should process should notnot make assumptions make assumptions

If an individual’s learning disability is If an individual’s learning disability is not identified they may not receive the not identified they may not receive the support they requiresupport they require

Importance of putting the individual Importance of putting the individual firstfirst

Communication, Communication, communication, communication, communicationcommunication

Recognise the importance of clear Recognise the importance of clear communicationcommunication

Respond to individual communication needsRespond to individual communication needs Where appropriate, get adviceWhere appropriate, get advice Take time to explainTake time to explain Don’t always rely on the spoken wordDon’t always rely on the spoken word Avoid unneccesarily complex, complicated or Avoid unneccesarily complex, complicated or

lengthy jargonistic sentences that not only lengthy jargonistic sentences that not only serve to disrupt the syntactical and semantic serve to disrupt the syntactical and semantic systems utilised but fail to determine the locus. systems utilised but fail to determine the locus.

The Equality Act 2010The Equality Act 2010

Includes the requirement for Public Includes the requirement for Public Bodies toBodies to advance equality of opportunity advance equality of opportunity

between disabled persons and others…between disabled persons and others… take positive action to overcome or take positive action to overcome or

minimise disadvantage for disabled minimise disadvantage for disabled people, even where that involves people, even where that involves treating them more favourably than treating them more favourably than othersothers

People with learning People with learning disabilities as victims of disabilities as victims of

crimecrime More likely due to More likely due to

Limited ability to identify risky Limited ability to identify risky situationssituations

Vulnerability to being tricked, Vulnerability to being tricked, deceived or exploited by othersdeceived or exploited by others

Being targeted as ‘easy victims’ who Being targeted as ‘easy victims’ who will find it hard to report crimeswill find it hard to report crimes

Being more likely to live in high crime Being more likely to live in high crime neighbourhoodsneighbourhoods

People with learning People with learning disabilities as witnesses to disabilities as witnesses to

crimecrime Possibly used less often that they Possibly used less often that they

could be?could be? Continuing perception that they Continuing perception that they

might not be good witnessesmight not be good witnesses Benefit of Benefit of

Appropriate Adult ServicesAppropriate Adult Services Vulnerable Witness ActVulnerable Witness Act Witness Support Service Witness Support Service

People with learning People with learning disabilities as offendersdisabilities as offenders

The range of offences committed, and The range of offences committed, and motivation behind these is largely motivation behind these is largely consistent with general offending patternsconsistent with general offending patterns

Many people with a learning disability can, Many people with a learning disability can, and should, take responsibility for their and should, take responsibility for their actionsactions

Others may require to be diverted to more Others may require to be diverted to more appropriate settings that can address care appropriate settings that can address care needs and offending behaviourneeds and offending behaviour

Some Key Points from specific Some Key Points from specific profession sectionsprofession sections

Police should Police should make effective use of Appropriate Adultsmake effective use of Appropriate Adults further develop links with other servicesfurther develop links with other services

Lawyers should be aware ofLawyers should be aware of the particular vulnerabilities of people with the particular vulnerabilities of people with

a learning disability in providing evidencea learning disability in providing evidence the potential benefits of people with a the potential benefits of people with a

learning disability providing evidencelearning disability providing evidence the potential benefits of ‘special measures’ the potential benefits of ‘special measures’

under the Vulnerable Witnesses Actunder the Vulnerable Witnesses Act

Some Key Points from specific Some Key Points from specific profession sectionsprofession sections

Courts should recogniseCourts should recognise The quality of testimony given by a The quality of testimony given by a

person with a learning disability is person with a learning disability is strongly influenced by the type of strongly influenced by the type of questions that are askedquestions that are asked

It is important for court professionals to It is important for court professionals to adjust their language to the level of adjust their language to the level of understanding of the accused personunderstanding of the accused person

Some Key Points from specific Some Key Points from specific profession sectionsprofession sections

Criminal Justice Social Work servicesCriminal Justice Social Work services Potential for use of diversion from prosecution Potential for use of diversion from prosecution

as a positive interventionas a positive intervention Should have good links with local learning Should have good links with local learning

disability servicesdisability services PrisonsPrisons

Should ensure that Prison Healthcare Teams are Should ensure that Prison Healthcare Teams are aware of prisoners who have a learning disabilityaware of prisoners who have a learning disability

Need to recognise potential vulnerability of Need to recognise potential vulnerability of prisoners with a learning disabilityprisoners with a learning disability

The guide as a starting point for our The guide as a starting point for our hitchhikers guide – hitchhikers guide –

Rest of today’s presentations will Rest of today’s presentations will highlight some of the destinations highlight some of the destinations (and alternative modes of transport)(and alternative modes of transport)

Important to recognise that the Important to recognise that the learning from this work will not just learning from this work will not just apply to a small group of people with apply to a small group of people with ldld

Cooke & Philip (1998) Cooke & Philip (1998) “Comprehending the Scottish Caution: “Comprehending the Scottish Caution: Do offenders understand their right to Do offenders understand their right to

remain silent?remain silent?

100 young offenders100 young offenders

89% claimed to have full understanding89% claimed to have full understanding

only 11% judged by assessors to have only 11% judged by assessors to have full understanding of all elements of full understanding of all elements of cautioncaution

23% judged to have no understanding!23% judged to have no understanding!

And finally,And finally,

““So long, and thanks for all the So long, and thanks for all the fish”?fish”?

oror

““Life, The Universe and Life, The Universe and Everything”?Everything”?

AcknowledgementsAcknowledgements Association of Chief Police Officers in Scotland Crown Office and Procurator Fiscal Service ENABLE Faculty of Advocates Law Society for Scotland Members of The same as you? Implementation Group Mental Welfare Commission People First Scottish Consortium for Learning Disability Scottish Court Service Scottish Prison Service Staff in the Health and Justice Directorates of

Scottish Government