• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • About DNS
  • Subscribe to DNS
  • Advertise with DNS
  • Support DNS
  • Contact DNS

Disability News Service

the country's only news agency specialising in disability issues

  • Home
  • Independent Living
    • Arts, Culture and Sport
    • Crime
    • Education
    • Employment
    • Housing
    • Transport
  • Activism & Campaigning
  • Benefits & Poverty
  • Politics
  • Human Rights
You are here: Home / Crime / Inquiry to examine discrimination in legal system, and possible miscarriages of justice
David Isaac head and shoulders

Inquiry to examine discrimination in legal system, and possible miscarriages of justice

By John Pring on 7th March 2019 Category: Crime

Listen

Autistic rights campaigners have welcomed a new inquiry into the discrimination faced by disabled people in the criminal justice system.

The Equality and Human Rights Commission (EHRC) inquiry, which will cover England, Scotland and Wales, will look at whether the barriers in the system are exposing disabled people to potential miscarriages of justice.

It will focus on autistic and other neurodivergent people, people with learning difficulties and those with mental health conditions, concentrating on their experiences after they have been charged with a criminal offence and before they reach trial.

The inquiry will examine whether their needs are properly identified and if they receive the adjustments they need to allow them to understand the charges and the legal process and to participate “effectively and as fully as possible”.

Adjustments can include the use of intermediaries, allowing extra time and breaks, and providing accessible information.

The EHRC inquiry will also look at how modernisation of the court system, such as the use of video-link hearings and online processes, is affecting disabled defendants and accused (the Scottish criminal justice system uses the term “accused” instead of defendants).

And it will examine the legal duties of the government, public sector bodies and the judiciary to make adjustments under the Equality Act, the Human Rights Act and the UN Convention on the Rights of Persons with Disabilities.

The inquiry was welcomed by Autistic UK, which is run by and for autistic people.

Kat Humble, Autistic UK’s communications officer, said: “Autistic UK welcome this investigation, as we have heard far too many stories from people going through the justice system unsupported and misunderstood.

“There is little wonder that so many in the autistic community mistrust the justice system when they so often end up victims of miscommunication and overwhelming environments through lack of adequate support.

“The time between a charge and a trial is fraught with panic and overwhelming decisions.

“It is critical at this juncture to ensure that the person charged understands what is happening, understands any decisions made about them, and has the information to make any decisions they need to make for themselves.

“Appropriate advocacy is imperative to ensure smooth communication, along with such reasonable adjustments such as a low stimulation environment and time allowed for the person to process all information.” 

Marsha de Cordova, Labour’s shadow minister for disabled people, said: “The launch of this inquiry shows the level of concern of the treatment of disabled people by our criminal justice system.

“It is disgraceful that some of the most marginalised in society are denied support and face miscarriages of justice.

“Disabled people deserve a process in which they are able to fully participate. Labour will create a justice system that treats disabled people equally and fairly.”

David Isaac, EHRC’s chair (pictured), said: “The criminal justice system is complex and people with impairments such as autism and mental health conditions can find it especially difficult to navigate their way through the system.

“It is essential that criminal justice works fairly for everyone and that anyone accused of a crime is not disadvantaged by virtue of having an impairment. 

“Technology can often assist and empower disabled people, but we must also ensure it is used appropriately and doesn’t inadvertently end up isolating disabled people or jeopardising their ability to participate in person.

“If disabled people’s needs aren’t properly identified from the outset they are at risk of not understanding the charges they face, the advice they receive or the legal process. 

“In some cases, this can mean disabled people could be wrongly convicted or receive inappropriate sentences.”

A note from the editor:

Please consider making a voluntary financial contribution to support the work of DNS and allow it to continue producing independent, carefully-researched news stories that focus on the lives and rights of disabled people and their user-led organisations.

Please do not contribute if you cannot afford to do so, and please note that DNS is not a charity. It is run and owned by disabled journalist John Pring and has been from its launch in April 2009.

Thank you for anything you can do to support the work of DNS…

Share this post:

Share on X (Twitter)Share on FacebookShare on WhatsAppShare on RedditShare on LinkedIn

Tags: Autistic UK criminal justice David Isaac Discrimination EHRC equality act Human Rights Act Marsha de Cordova UNCRPD

A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Related

Disabled students set to protest over cuts in support
12th June 2025
Equality watchdog must investigate ‘urgent threat’ posed by Labour policies, say DPOs
22nd May 2025
Disabled peers speak of ‘daily fight’ against access barriers in House of Lords
22nd May 2025

Primary Sidebar

On the left of the image are multiple heads of different colours - white, aqua, red, light brown, and dark green - all grouped together, then the words ‘Campaign for Disability Justice. Sign up to support. #OpportunitySecurityRespect’
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Access

Latest Stories

Disabled MP who quit government over benefit cuts tells DNS: ‘The consequences will be devastating’

Disabled peers plan to ‘amend, amend, amend, amend, amend’ after assisted dying bill reaches Lords

Minister finally admits that working-age benefits spending is stable, despite months of ‘spiralling’ claims

This bill opens the door to scandal, abuse and injustice, disabled activists say after assisted dying bill vote

Timms says cuts must go ahead, despite being reminded of risk that disabled claimants could die

Absence of disabled people’s voices from assisted dying bill has been ‘astonishing’, says disabled MP

Timms misleads MPs on DWP transparency and cover-ups, as he gives evidence on PIP review

Ministers are considering further extension to disability hate crime laws, after pledge on ‘aggravated’ offences

Making all self-driving pilot schemes accessible would be ‘counter-productive’ and slow us down, says minister

Involve disabled people ‘meaningfully’ from the start when developing digital assistive tech, says report

Advice and Information

Readspeaker
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Footer

The International Standard Serial Number for Disability News Service is: ISSN 2398-8924

  • Accessibility Statement
  • Privacy Policy
  • Site map
  • Bluesky
  • Facebook
  • Instagram
  • LinkedIn
  • Threads
  • Twitter

Copyright © 2025 Disability News Service

Site development by A Bright Clear Web