| People with Learning Disabilities and the Criminal Justice System |
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What is a Learning Disability (LD)? In order to be considered to have LD an individual must have an IQ of less than 70 and associated impairments in social functioning. In the general UK population between 3.7 & 5.9 people per 1000 are reported to have a mild LD. People with LD & the Criminal Justice System (CJS) In practice, it is likely to be people with mild or borderline LD who come into contact with the CJS as those with more severe difficulties will probably lack the mens rea (criminal state of mind) required for a criminal prosecution. People with LD in Prison According to the Prison Reform Trust, 7% of prisoners have an IQ of less than 70. In terms of juveniles, 23% have an IQ of less than 70. In total, this equates to around 5,500 people. Offending Risks and People with LD There is some dispute about whether or not people with LD are particularly prone to certain types of offending. When I worked in a community forensic LD service in Avon, the main offending risk was violence. Sexual offending was also a common referral issue. Assessment and Intervention with Offenders with LD Traditional offender assessments and interventions are unlikely to be appropriate as they use language that is too complex, have reading requirements beyond the capabilities of people with LD, and do not have appropriate norms or research. Furthermore, people with LD may be more prone to be suggestible, compliant, and/or acquiescent, all of which must be taken into account when assessing and intervening. This is a specialist area and it is important that any expert witness commenting on an individual with LD has experience in working with this group of people. |