The Equality and Human Rights Commission (EHRC) has published the results of their inquiry into whether the criminal justice system treats disabled people fairly.
The inquiry particularly focused on disabled people with cognitive impairments, mental health conditions and neuro-diverse conditions finding that the system is not systematically recognising the needs of disabled people. This means defendants and accused people risk not being able to participate properly in the legal process.
It also found that increased digitalisation of the system threatens disabled people’s access to justice, as it risks them being even less able to understand what is happening than when they are participating in person. The EHRC have therefore stressed the urgency of reform of the system to meet disabled people’s needs, in turn improving it for all court users.
The report makes five accompanying recommendations to the UK and Scottish Governments and relevant agencies to:
- address gaps in the collection, monitoring and analysis of disability data and monitor effective participation
- develop early and effective screening for all defendants
- ensure timely access and sharing of information
- support the duty to make reasonable adjustments and respect fair trial rights
- ensure that initial professional qualification training for law students includes disability awareness;all relevant codes of conduct and standards are amended to specifically include disability awareness as a professional requirement and that disability awareness is a mandatory element of continuing professional development for those working in criminal law.
Read the inquiry report and accompanying recommendations here: Inclusive justice: a system designed for all
