Defendants with intellectual disability and autism spectrum conditions: the perspective of clinicians working across three jurisdictions. Issue 5 (3rd September 2022)

• Record Type: Journal Article
• Authors: McCarthy, Jane; Chaplin, Eddie; Hayes, Susan; Søndenaa, Erik; Chester, Verity; Morrissey, Catrin; Allely, Clare S.; Forrester, Andrew
• Is Part Of: Psychiatry, psychology, and law. Volume 29:Issue 5(2022)
• Page Start: 698
• Page End: 717
• Publication Date: 2022-09-03
• Subjects: Autism -- autism spectrum condition -- court -- criminal justice system -- developmental disability -- forensic -- intellectual disability -- screening -- vulnerable defendants; Criminal psychology -- Periodicals; Forensic psychiatry -- Periodicals; Mentally ill offenders -- Periodicals; 345.9404
• DOI: 10.1080/13218719.2021.1976297
• Languages: English
• ISSNs: 1321-8719

Abstract

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.