Challenges for people with intellectual disabilities in law enforcement interactions in Ireland; thematic analysis informed by 1537 person-years' experience

Towards inclusionary policing: a critical inquiry into the pre-trial treatment of suspects with intellectual disabilities in Ireland

“…Prior to the recent qualitative inquiry (Gulati et al, 2021a), very little was known about the types of barriers that Irish police officials and other Irish criminal justice stakeholders (including lawyers, judiciary and healthcare professionals) perceived to confront persons with intellectual disabilities in their interactions with An Garda S ıoch ana. Similarly, little was also knownand remains known to this dayabout how persons with intellectual disabilities subjectively experience their own interactions with An Garda Siochana (Gulati et al, 2020b).…”

“…As the sole policing body in the jurisdictionaccountable exclusively to the Minister for Justicemembers of An Garda S ıoch ana enjoy unparalleled influence over the trajectory of a criminal investigation (Cusack, 2018). Moreover, as first responders to alleged acts of criminality, they are uniquely placed to identify and deploy essential pre-trial, procedural safeguards, which have been specifically designed to protect and vindicate the personal, due process rights of crime suspects (Cusack, 2021a;Zuckerman, 1993).…”

“…As the sole policing body in the jurisdictionaccountable exclusively to the Minister for Justicemembers of An Garda S ıoch ana enjoy unparalleled influence over the trajectory of a criminal investigation (Cusack, 2018). Moreover, as first responders to alleged acts of criminality, they are uniquely placed to identify and deploy essential pre-trial, procedural safeguards, which have been specifically designed to protect and vindicate the personal, due process rights of crime suspects (Cusack, 2021a;Zuckerman, 1993). For these reasons, the capacity of Irish police officials to respond appropriately to the concerns of crime suspects at the initial, often traumatic, pre-trial stage of criminal proceedings has long been recognised as a major factor in shaping popular faith in the values, fairness and legitimacy of Ireland's community-based policing service.…”

“…Nor, moreover, can such an approach be reconciled with the Irish State's constitutional obligation to secure a "trial in due course of law" for all persons accused of crime pursuant to Article 38.1 of Bunreacht na h Eireann (Ireland's Constitution). And yet, despite the reverential juncture that the police station occupies in Ireland as the confluence site for a series of fundamental evidential, human rights and constitutional values, little is known at the time of writing about the unique challenges, which suspects with intellectual disabilities face during their initial interactions with Irish law enforcement officers (Gulati et al, 2021a;Cusack, 2018). In an attempt to address this research lacuna, this paper surveys Irish police procedureand the wider cultural environment within which it is practiced with a view to critically evaluating the appropriateness of Ireland's pre-trial landscape in light of the needs of persons with intellectual disabilities.…”

“…In an attempt to address this research lacuna, this paper surveys Irish police procedureand the wider cultural environment within which it is practiced with a view to critically evaluating the appropriateness of Ireland's pre-trial landscape in light of the needs of persons with intellectual disabilities. Drawing upon the findings of Ireland's first qualitative inquiry into the perceived barriers that confront suspects with intellectual disabilities within the Irish pre-trial process (Gulati et al, 2021a), a number of sites of concern are identified with respect to the protocols that exist within An Garda S ıoch ana for recognising and responding to intellectual disability. These concerns, which were expressed by agents drawn from representative bodies, healthcare professionals and professionals within the Irish criminal justice system relate inter alia to the capacity of Irish police officials to meet the communicative needs of persons with intellectual disabilities, the consistent adoption of appropriately adapted forensic techniques, access to understandable information and the availability of heightened procedural safeguards during the investigative process.…”