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

• Published in: Psychiatry, psychology, and law Vol. 29; no. 5; pp. 698 - 717
• Main Authors: McCarthy, Jane, Chaplin, Eddie, Hayes, Susan, Søndenaa, Erik, Chester, Verity, Morrissey, Catrin, Allely, Clare S., Forrester, Andrew
• Format: Journal Article
• Language: English
• Published: England Routledge 2022; Australian Academic Press Group Pty Ltd
• Subjects: Autism; autism spectrum condition; Autism spectrum disorders; Autistic people; court; Courts; Criminal justice; criminal justice system; Criminal justice, Administration of; criminal-justice liaison; Criminology & Penology; Defendants; developmental disability; disorders; diversion; forensic; Government & Law; Intellectual disabilities; Intellectual disability; Jurisdiction; learning-disability; Legal system; mental-illness; no-one-knows; offenders; Offenses; Police; prevalence; prisoners; Psychiatry; Psychology; Psykiatri; screening; services; stand trial; Vulnerability; vulnerable defendants; England; AUSTRALIA; New South Wales; UNITED KINGDOM; NORWAY; Wales; Autism; criminal justice system; screening; developmental disability; vulnerable defendants; autism spectrum condition; court; forensic; intellectual disability
• ISSN: 1321-8719; 1934-1687
• DOI: 10.1080/13218719.2021.1976297

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.