Ensuring Justice and Support for People with Disabilities in the Criminal Justice System
Recognising and Responding:
Delivering Services to People
with Disability who are
subject to Probation
National Disability Authority National Conference 2020
Article 13 UNCRPD
•
States Parties shall ensure effective access to justice for persons with
disabilities on an equal basis with others, including through the provision of
procedural and age-appropriate accommodations, in order to facilitate their
effective role as direct and indirect participants, including as witnesses, in all
legal proceedings, including at investigative and other preliminary stages.
•
2. In order to help to ensure effective access to justice for persons with
disabilities, States Parties shall promote appropriate training for those working
in the field of administration of justice, including police and prison staff.
The Probation Service
Safer and more
inclusive
communities where
offending, and its
causes, are
effectively
addressed.
Our Vision
Our Mission:
Offender
rehabilitation
through respect,
accountability,
restoration and
social inclusion
.
Assessment and Supervision
1.
Assessment
Pre Sanction Reports for Courts
Victim Impact Reports
Parole Board/IPS Reports
2.
Supervision and Rehabilitation of offenders:
Probation type supervision
(Probation of Offenders Act, 1907)
Community Service
(Criminal Justice (CS) Act, 1983
)
Young People
(Children Act, 2001)
Life Sentence Prisoners
(Parole)
Post-Release Supervision
(SO Act, 2001, CJ Act 2005)
Disability in the CJS – the
experience
Research indicates that people with intellectual
disabilities and mental health issues are over
represented in the criminal justice system –
(Hayes 2006, Murphy et al 2000)
Much of this research also suggests that this
group are also marginalised
within
the system
•
Social Disadvantage
•
Educational Deficits
•
Behavioural
Challenges
•
Decision making
processes -
Vulnerabilities
A- Previous contact with ID
services/developmental service sector-
diagnostically defined ID
(Under-represented)
B – No legally defined ID/Cognitive deficit, but
requiring intermittent supports and services
(Over –represented)
(
Jones.J 2007
)
F
a
c
t
o
r
s
i
n
f
l
u
e
n
c
i
n
g
c
o
n
t
a
c
t
w
i
t
h
C
J
S
Circumstances
•
Grew up in the care system, settled with
same foster family since birth
•
Behavioural and educational challenges
•
Assault against foster parent
•
No history of Criminal behaviour
•
Supported by aftercare service
•
Attending a training centre
•
In a relationship
•
excessive cannabis use
•
Complex family history
•
20 year old Male
•
First Court appearance
•
Charged with an assault which is
being heard in the Circuit Court,
therefore to be regarded as
serious.
•
Probation asked to prepare a pre
sanction report in the case.
As a Probation Officer
•
Responding to specific issues related to FAS
( poor memory, organisation, emotional
management, specific vulnerability to
substances, decision making)
•
Completing a risk assessment -
no pro criminal beliefs, no anti social
groupings, compliant and open in
engagement.
Outcome – suspended sentence, supervision
Public Protection.
Belief in the capacity of people to change.
Probation Officers as change agents.
Everyone has the right, irrespective of what they have done, to be treated with
dignity and respect.
Inter-agency working: No one agency working alone is as effective as agencies
working together.
V
A
L
U
E
S
/
P
R
I
N
C
I
P
L
E
S
U
N
D
E
R
P
I
N
N
I
N
G
O
U
R
W
O
R
K
L
o
o
k
i
n
g
F
o
r
w
a
r
d
Service Provision
a)
The new Offender Supervision
Framework emphasises the importance
of responsivity and relationship – this is
about individualising our responses
b)
Building on existing strong partnerships
with partners CJS agencies to ensure
common understanding of impact of
dis/ability
c)
Considering estate management in
relation to disability – access/style
d)
Look to improve consultation access
with specialist disability partners
Training
a)
We have held training sessions
with Headway, NRH, St Michaels
House in the last 12 months
b)
In training on the provision of
reports, assessments and
supervision the importance of
responsivity is always stressed
c)
Charging Staff Development Unit
to increase specific training in
relation to disability awareness
David Williamson - Senior Probation Officer
Thank you
Research highlights the overrepresentation of individuals with intellectual disabilities and mental health issues in the criminal justice system, underscoring the need for effective access to justice and appropriate accommodations. The Probation Service aims to rehabilitate offenders through community-based interventions while addressing social inclusion. Factors such as social disadvantage and behavioral challenges influence individuals' contact with the criminal justice system, emphasizing the importance of tailored support and services.
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Presentation Transcript
Recognising and Responding: Delivering Services to People with Disability who are subject to Probation National Disability Authority National Conference 2020
Article 13 UNCRPD States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages. 2. In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.
The Probation Service Our Vision Our Mission: 15,000 offenders in the community Offender rehabilitation through respect, accountability, restoration and social inclusion. Safer and more inclusive communities where offending, and its causes, are effectively addressed. 400 staff 42 offices
Assessment and Supervision 1. Assessment Pre Sanction Reports for Courts Victim Impact Reports Parole Board/IPS Reports 2. Supervision and Rehabilitation of offenders: Probation type supervision (Probation of Offenders Act, 1907) Community Service (Criminal Justice (CS) Act, 1983) Young People (Children Act, 2001) Life Sentence Prisoners (Parole) Post-Release Supervision(SO Act, 2001, CJ Act 2005)
Disability in the CJS the experience Research indicates that people with intellectual disabilities and mental health issues are over represented in the criminal justice system (Hayes 2006, Murphy et al 2000) Much of this research also suggests that this group are also marginalised within the system
Factors influencing contact with CJS Factors influencing contact with CJS Social Disadvantage Educational Deficits Behavioural Challenges A- Previous contact with ID services/developmental service sector- diagnostically defined ID (Under-represented) B No legally defined ID/Cognitive deficit, but requiring intermittent supports and services (Over represented) Decision making processes - Vulnerabilities ( Jones.J 2007)
Circumstances Grew up in the care system, settled with same foster family since birth Behavioural and educational challenges Assault against foster parent No history of Criminal behaviour Supported by aftercare service Attending a training centre In a relationship excessive cannabis use Complex family history 20 year old Male First Court appearance Charged with an assault which is being heard in the Circuit Court, therefore to be regarded as serious. Probation asked to prepare a pre sanction report in the case.
As a Probation Officer Responding to specific issues related to FAS ( poor memory, organisation, emotional management, specific vulnerability to substances, decision making) Completing a risk assessment - no pro criminal beliefs, no anti social groupings, compliant and open in engagement. Outcome suspended sentence, supervision
VALUES/PRINCIPLES UNDERPINNING OUR WORK VALUES/PRINCIPLES UNDERPINNING OUR WORK Public Protection. Belief in the capacity of people to change. Probation Officers as change agents. Everyone has the right, irrespective of what they have done, to be treated with dignity and respect. Inter-agency working: No one agency working alone is as effective as agencies working together.
Looking Forward Looking Forward Training a) We have held training sessions with Headway, NRH, St Michaels House in the last 12 months b) In training on the provision of reports, assessments and supervision the importance of responsivity is always stressed c) Charging Staff Development Unit to increase specific training in relation to disability awareness Service Provision a) The new Offender Supervision Framework emphasises the importance of responsivity and relationship this is about individualising our responses b) Building on existing strong partnerships with partners CJS agencies to ensure common understanding of impact of dis/ability c) Considering estate management in relation to disability access/style d) Look to improve consultation access with specialist disability partners
Thank you David Williamson - Senior Probation Officer
