No One Knows: the bewildering passage of offenders with learning disability and learning difficulty through the criminal justice system

Vulnerability in custody: perceptions and practices of police officers and criminal justice professionals in meeting the communication needs of offenders with learning disabilities and learning difficulties

“…In line with previous research (Jacobson, 2008;Jones & Talbot, 2010;Cant & Standen, 2007;Gendle & Woodhams, 2005), it was clear that there remains a worryingly unknowing set of experiences within the CJS with many respondents across the different professional groups reporting they were unsure about information that may or may not have been Crucially, however, these experiences illustrate that it is not just the detained vulnerable person who is disenfranchised but also the CJS professionals who aim to support them, through their own lack of knowledge or information about specific needs. This is important because such lack of knowledge very likely contributes to the lack of agency, implied by many of our respondents discussed above, regarding actions that could be taken to improve the situation.…”

“…The standard English version of the rights and entitlements notice comes as a z-fold leaflet and is shown in Figure 1; it is a densely worded document in small font and is given to everyone entering custody [ Figure 2 concerns that people may not understand the caution or the rights in the notice due to poor comprehension and literacy (Murphy & Clare, 1998), and may not tell custody officers that they cannot understand the information for fear of the stigma and discrimination attached to revealing a learning disability or difficulty (Talbot & Jones, 2010; Keilty & Connelly, 2010).…”

“…The implications of this challenge are substantial; if someone finds it difficult to understand crucial information regarding their rights, entitlements, and processes within the CJS, '…there is a significant risk of disadvantage and the potential for miscarriage of justice' (Jones & Talbot, 2010; p.3; also Hellenbach, 2012). Mitigating such risks also has important implications for the professionals within the CJS who are responsible for ensuring that essential information is clearly communicated.…”

“…The standard English version of the rights and entitlements notice comes as a z-fold leaflet and is shown in Figure 1; it is a densely worded document in small font and is given to everyone entering custody [ Figure 2 However, perhaps because of the significance of the rights and entitlements notice in making the detainee aware of their rights, this notice has also been highlighted as causing '…particular difficulties in comprehension for people who have learning disabilities' (Gendle & Woodhams, 2005;p.71). These difficulties have been known for a long time and include concerns that people may not understand the caution or the rights in the notice due to poor comprehension and literacy (Murphy & Clare, 1998), and may not tell custody officers that they cannot understand the information for fear of the stigma and discrimination attached to revealing a learning disability or difficulty (Talbot & Jones, 2010;Keilty & Connelly, 2010).…”

“…Bradley, 2009). The role of the AA is an important one in helping an individual to understand what is happening but these interactions tend to take place later in custody, often due to patchy availability of individuals undertaking this role (Jacobson, 2008;Jones & Talbot, 2010). Consequently, making changes to support communication practices early in the interaction, before the arrival of the AA, is likely to be of benefit to custody personnel and other CJS professionals, as well as the detained person.…”