Journeys through the Criminal Justice System for Suspects, Accused and Offenders with Learning Disabilities. A Graphic Representation

Size: px
Start display at page:

Download "Journeys through the Criminal Justice System for Suspects, Accused and Offenders with Learning Disabilities. A Graphic Representation"

Transcription

1 Journeys through the Criminal Justice System for Suspects, Accused and Offenders with Learning Disabilities A Graphic Representation 0

2 Contents Introduction page 2 Methodology page 4 Stage One Getting into trouble (Again?) page 5 Stage Two Detention, arrest and charge page 9 Stage Three Police decision making page 13 Stage Four Interviews and appropriate adults page 14 Stage Five Trial/Court page 17 Stage Six Prison page 24 Stage Seven Disposals under the Criminal Procedures page 28 (Scotland) Act 1995/ Mental Health (Care and Treatment) (Scotland) Act Conclusion page 31 1

3 Introduction Over recent years, considerable energy has been invested into the issue of people with learning disabilities as offenders in the criminal justice system, whether by academia, policy makers, practitioners and voluntary sector organisations. This is in recognition of the particular barriers within both social care and the criminal justice system, which in interaction with a person s impairment, may cause them to be disadvantaged in comparison to other individuals within that system. In Scotland, the Scottish Government s recognition of the issue dates back to The same as you? policy and continues to be a focus in its successor The keys to life, which dedicates a chapter and several recommendations to it. It is clear that we are only just beginning to understand the scale and nature of the issue. This small piece of research is designed to set out the pathway through the criminal justice system which a person with learning disability might undergo, as well as identifying some of the tensions and difficulties which may affect their outcomes. It is unlikely that this research will be able to account for every circumstance and eventuality, given the diversity of individuals who may enter the system and the complexity of individual and organisational responses therein. 2

4 However, it is hoped that the pathway can be a useful guide to both people with learning disabilities, practitioners, policy makers, criminal justice, health and social care professionals. Furthermore, given the changes which are taking place within the system in Scotland, it should remain a living document. It should also trigger further and more narrowly focussed research and mapping into specific areas of the system which have been flagged up as problematic here. Perhaps too much emphasis has been placed on prevalence. While it is clearly helpful for service planning and budgeting to have some understanding of the cost of providing services, much academic research has become overly focussed on the idea of identifying the number or proportion of people with learning disabilities within a given part of the criminal justice system. This has been to the detriment of understanding which supports and interventions could be put in place for offenders with learning disabilities. It is not clear that, even once a given screening tool has flagged the potential for a person to have a learning disability, there are effective referral processes for diagnosis or appropriate supports, interventions or treatment programmes. People with learning disabilities are just one of a number of vulnerable groups who must be supported within the criminal justice system. Striking the right balance between punishment and rehabilitation is complex and resource intensive work and it is clear that all parts of the criminal justice system are constrained by resources. 3

5 Recommendations for further work include: Inclusive research which places the voices and experiences of people with learning disabilities at its heart. Without understanding the lived experiences of offenders with learning disabilities, there can be little doubt that our picture of this aspect of the criminal justice system is incomplete. An analysis of practice across different geographical areas, which the current report has not provided, and which is likely to mean that offenders in different areas are treated quite differently 4

6 Methodology In order to gain an understanding of the broad picture of the criminal justice system and the interaction of people with learning disabilities as suspects, accused or offenders within it, the following has been undertaken: A literature review into different areas of the criminal justice system in Scotland. Semi-structured interviews with key professionals working within different branches of the criminal justice system and with experts in the field, sampled purposively. The confidentiality of participants has been protected. Interview questions changed according to the role of the individual in question, but all interviewees were asked some common questions. It was hoped that a number of case studies would be completed that would help to illustrate the pathway, only one person who was approached agreed to take part. The findings from this case study are included in this report. 5

7 Interviews were undertaken with: Academia Criminal Justice Social Work Crown Office and Procurator Fiscal Service Judicial Institute for Scotland NHS Scotland including clinical psychology and psychiatry Police Scotland Scottish Appropriate Adult Network Scottish Court Service Scottish Prison Service Voluntary sector organisations The researcher was unable to gain access to some branches of the criminal justice system, but suggests that to do so would still be helpful. These are: Defence Solicitors and representatives of the judiciary. 6

8 Section 1 Getting into trouble (Again?) 7

9 Past factors This first stage of the journey describes some of the factors known to be associated with offending behaviours for people with learning disabilities. The graphic breaks down these factors into those which might have featured in a person s past and those which might be current in a person s life, and therefore potentially open to intervention and change. These can include: Experiencing sexual abuse as a child Having a history of many offences, often of different types Not wanting to engage with services Having grown up in care A history of contact with mental health services None of these factors is determinative. Just because someone has this kind of experience does not mean that they will become an offender 8

10 Current factors Research by Wheeler et al (2013) shows that there are social and environmental factors associated with offending behaviour by people with learning disabilities. These include: Family breakdown Experiencing abusive and exploitative friendships A lack of work or routine weekly activity Wheeler et al (2013) note that all of the above are open to intervention and that the fact that people may not have rich lives is likely to contribute to offending behaviour. Substance misuse may also play a role in offending behaviour by people with learning disabilities. 9

11 10

12 Evidence from the literature suggests that support services are often aware of offending behaviours by people with learning disabilities. Wheeler et al (2013) suggest that while around a quarter of people known to support services have offended, only around a third of these individuals will have had any contact with the criminal justice system. McBrien and Murphy (2006) suggest from research that support workers may be reluctant to report offending behaviours to the police. This may be for a number of reasons, including: fear of having practice scrutinised belief that the person is better supported within a social care environment. This study also showed that support workers and police have differing views as to why crimes should be reported. In general support workers were concerned with the fact that offenders with learning disabilities were vulnerable and in need of support, whereas police felt that incidents should be reported because they were wrong or unlawful. 11

13 Section 2 Detention, Arrest and Charge. 12

14 Case Study Introduction X is a young man who lives in a small town in the West of Scotland. He has been in trouble with the police on a number of occasions and has had to attend court. He has been supported by Cornerstone s Partnership Project for a number of years. X can become easily anxious and agitated, this can lead to him displaying difficult and aggressive behaviour. He manages this by removing himself from the situation and taking a break, for example for a cigarette. Police Interaction Interaction with the police was identified as an area where having a learning disability was a barrier. How police officers approached X could either help to diffuse or enflame a situation. The police have not always explained clearly why they have stopped X and one was reported to have said he doesn t appear to have a disability. When X needs more time to answer or feels that he needs to take a break it is important for him that this can be accommodated. If the police are questioning him and don t accept that he has a disability they won t consider allowing him the extra time he needs. For X, sometimes the phrasing that police officers use can cause him to get confused and then frustrated which leads to him behaving in a way that causes the police officer to view his behaviour as challenging. X s mother has welfare guardianship for X under the Adults with Incapacity act. This has caused some difficulty with the police as X is not supposed to be questioned without his Mum being present. His Mum had raised this with the police when they came to the house to arrest X but the police did not know anything about guardianship and they didn t know what to do in this case. X s mother said It should be cut and dried that a person with guardianship should have an appropriate adult X has found that his behaviour can escalate a situation but that with police officers who he knows locally who know how best to engage with him he manages better not to behave in a way that can be viewed as challenging. 13

15 14

16 15

17 Section 3 Police Decision Making 16

18 1 Section 4 Interviews and Appropriate Adults 1 Changes to the role of the appropriate adult have been made in the 2014 Act. 17

19 18

20 19

21 Section 5 Trial and Court 20

22 Case Study Solicitors X said that his current solicitor is good at explaining things but the previous one wasn t good at all. This led to frustration and confusion on his part. It has been really difficult to find a solicitor who has an understanding of how guardianship operates in relation to criminal matters. Court Before having to appear in court the support worker from the criminal justice support service was able to organise a court visit in advance so that X could see around and be shown where he would wait and where his court appearance would take place. X said that getting to visit the court before his hearing was helpful for putting his mind at ease. After the visit he knew where things were and had an idea of how things worked, where he would have to sit etc. It was also helpful that his visit allowed clear explanations such as that his court appearance that day was not the actual trial and would not result in his punishment being decided. In court there are a number of things that can be very difficult for X. His solicitor is trying to have the case dealt with a low key manner if that is possible in order to alleviate some of the stress that will be caused and therefore also to reduce some of his behaviour that may be viewed as difficult. During one of his court appearances there was a particularly helpful police officer who helped to put X at ease with his friendly manner. Having his support worker from the partnership project with him was also found to be really helpful. Having someone there with him helped him to remain calm and therefore to manage his behaviour. 21

23 22

24 The 2014 Act has made changes to the role of the Appropriate Adult. There was support for Appropriate Adults to be placed on a statutory footing but the government decided not to do this. 23

25 24

26 25

27 Case study Criminal Justice Support service. For X, having this support helped a lot, it was helpful to have the moral support and someone who could explain the process that he was going through. The system is complicated with the pleading diet and the trial diet. X has his Mum in his life who is there to support him but both X and his Mum said it was really helpful to have the support of someone with experience of the system. X s Mum said; I can t imagine what it would be like for someone with no family and no other support, if they didn t have family, who would they contact? And if the family doesn t have experience of the system how could you support them? 26

28 Section 6 - Prison 27

29 The NHS now has the responsibility for prisoner health since new legislation came into place around the end of 2013 to the start of There are currently studies ongoing into profiling and screening tools. 28

30 29

31 30

32 31

33 Section 7 Disposals under the Criminal Procedures (Scotland) Act 1995/Mental Health (Care and Treatment) (Scotland) Act

34 33

35 People with learning disabilities are not included in Scottish Government delayed discharge statistics. Supporting people with learning disabilities to move down a level of security can be a frustrating and lengthy process. 34

36 Conclusion This report is designed to layout the path that people with learning disabilities may follow through the criminal justice system. There are points on this path when having a learning disability makes it more difficult to navigate. Staff or family who are supporting a person through the system may not have the information they need to make sure the person understands what is happening. Specialist services like the one highlighted in the case study in this report can be beneficial for people but they are not available for everyone. The graphics and pathway in this report are planned for inclusion in a suite of materials to support criminal justice professionals to engage with people with learning disabilities who they come into contact with. 35

Justice denied. A summary of our investigation into the care and treatment of Ms A

Justice denied. A summary of our investigation into the care and treatment of Ms A Justice denied A summary of our investigation into the care and treatment of Ms A Contents Introduction 1 Summary of our key findings 2 Key recommendations 5 1 Introduction Ms A is a 67 year old woman

More information

Victims of Crime. information leaflet. Working together for a safer Scotland

Victims of Crime. information leaflet. Working together for a safer Scotland Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support

More information

GUIDELINES ON SANCTION FOR EMPLOYMENT OF COUNSEL IN CRIMINAL APPLICATIONS

GUIDELINES ON SANCTION FOR EMPLOYMENT OF COUNSEL IN CRIMINAL APPLICATIONS GUIDELINES ON SANCTION FOR EMPLOYMENT OF COUNSEL IN CRIMINAL APPLICATIONS Scottish Legal Aid Board January 2010 THE SCOTTISH LEGAL AID BOARD EMPLOYMENT OF COUNSEL IN CRIMINAL APPLICATIONS 1. BACKGROUND

More information

Offenders with Learning Disabilities

Offenders with Learning Disabilities Supporting Offenders with Learning Disabilities in Scotland Feedback from Professionals: 2012 Contents Introduction page 3 Background page 4 Summary of findings page 5 Next steps page 7 Delegate feedback

More information

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to

More information

Management Information. Chief Social Work Officer

Management Information. Chief Social Work Officer Management Information Lead Officer Name: Paul Woolrich Designation: Service Improvement Manager Tel: 58462 (0131 553 8462) Lead Service Area Support to Children & Young People Last Review Date December

More information

Bail and Remand The Scottish Executive Action Plan

Bail and Remand The Scottish Executive Action Plan Bail and Remand The Scottish Executive Action Plan The Scottish Executive Action Plan Crown copyright 2005 ISBN: 0-7559-4852-1 Scottish Executive St Andrew's House Edinburgh EH1 3DG Produced for the Scottish

More information

Being a Witness. Going to Court. A booklet for adult witnesses in criminal and children s hearing court proceedings

Being a Witness. Going to Court. A booklet for adult witnesses in criminal and children s hearing court proceedings Being a Witness A booklet for adult witnesses in criminal and children s hearing court proceedings A booklet for adult witnesses in criminal and children s hearing court proceedings. The pictures used

More information

Delays within the Mental Health Act in Queensland: section 238 reports

Delays within the Mental Health Act in Queensland: section 238 reports UQ PRO BONO CENTRE - MANNING ST PROJECT T.C. BEIRNE SCHOOL OF LAW UNIVERSITY OF QUEENSLAND Delays within the Mental Health Act in Queensland: section 238 reports Anna Fanelli, Sarah Fouhy and Mai-Ning

More information

Intellectual Disability Rights Service welcomes the opportunity to comment on the proposed Evidence Amendment (Evidence of Silence) Bill 2012.

Intellectual Disability Rights Service welcomes the opportunity to comment on the proposed Evidence Amendment (Evidence of Silence) Bill 2012. 27 September 2012 The Director Criminal Law Review Department of Attorney General and Justice By Email: lpclrd@agd.nsw.gov.au To The Director, Re: Evidence Amendment (Evidence of Silence) Bill 2012 Intellectual

More information

NHS Highland area: Specialist dementia support for families, carers & communities Research Project Executive Summary

NHS Highland area: Specialist dementia support for families, carers & communities Research Project Executive Summary NHS Highland area: Specialist dementia support for families, carers & communities Research Project Executive Summary Supported by Argyll & Bute Council, the Highland Council and NHS Highland 1. Introduction

More information

The Witness Charter. Standards of care for witnesses in the Criminal Justice System

The Witness Charter. Standards of care for witnesses in the Criminal Justice System The Witness Charter Standards of care for witnesses in the Criminal Justice System 1 THE WITNESS CHARTER About this charter The Witness Charter has been developed to tell you how, as a witness, you can

More information

People with learning disabilities and the criminal justice system

People with learning disabilities and the criminal justice system People with learning disabilities and the criminal justice system Useful information Introduction This short paper contains useful information for those working within the criminal justice system who may

More information

Working on child friendly justice in Tanzania Professor Carolyn Hamilton 1

Working on child friendly justice in Tanzania Professor Carolyn Hamilton 1 European responses to global children s rights issues: exchanging knowledge and building capacity European Progress in Achieving Child Friendly Justice 4 February 2014, Brussels Introduction Working on

More information

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process 1 Contents Introduction How to report a fraud What happens when you report a fraud? The investigation process Who decides if the case should go to court? What is a non-court disposal? What happens at

More information

HANDOUT 1: Purpose and Principles of Sentencing in Canada

HANDOUT 1: Purpose and Principles of Sentencing in Canada HANDOUT 1: Purpose and Principles of Sentencing in Canada Principles of Sentencing The Criminal Code of Canada outlines the principles and purpose of sentencing in s. 718. These principles are placed in

More information

Criminal Justice (Scotland) Bill [AS INTRODUCED]

Criminal Justice (Scotland) Bill [AS INTRODUCED] Criminal Justice (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 ARREST AND CUSTODY CHAPTER 1 ARREST BY POLICE 1 Power of a constable 2 Exercise of the power Arrest without warrant Procedure following

More information

Guidance to support the Levels of Need poster

Guidance to support the Levels of Need poster Guidance to support the Levels of Need poster V.1 Approved by Cheshire East Safeguarding Children Board 24 th January 2014 1 Introduction This Framework aims to provide all professionals working with children

More information

Scottish Court Service. People with Learning Disabilities and the Scottish Criminal Justice System. Information about Court

Scottish Court Service. People with Learning Disabilities and the Scottish Criminal Justice System. Information about Court Scottish Court Service People with Learning Disabilities and the Scottish Criminal Justice System Information about Court Written by: Dr. Keith Bowden, Consultant Clinical Psychologist, NHS Forth Valley

More information

Scottish Families Affected by Alcohol and Drugs

Scottish Families Affected by Alcohol and Drugs Scottish Families Affected by Alcohol and Drugs Scottish Families Affected by Alcohol and Drugs is Scotland s authoritative voice on supporting families affected by the problem substance use of a loved

More information

Criminal justice policy and the voluntary sector

Criminal justice policy and the voluntary sector Criminal justice policy and the voluntary sector Criminal justice policy and the voluntary sector Involving the voluntary sector 5 Reducing re-offending 5 Listening and responding to people with lived

More information

Training Materials Day Two. Settled & Safe TRAINING MATERIALS DAY TWO

Training Materials Day Two. Settled & Safe TRAINING MATERIALS DAY TWO Settled & Safe TRAINING MATERIALS DAY TWO 1 CONTENTS SETTLEMENT WORKER TRAINING TRAINING MATERIALS DAY TWO 2 About this training 2 Information not advice 2 Victoria Legal Aid services 2 Activity: Reflections

More information

A GENDER EDIT of A STRONGER SCOTLAND: THE GOVERNMENT S PROGRAMME FOR SCOTLAND 2015-16

A GENDER EDIT of A STRONGER SCOTLAND: THE GOVERNMENT S PROGRAMME FOR SCOTLAND 2015-16 A GENDER EDIT of A STRONGER SCOTLAND: THE GOVERNMENT S PROGRAMME FOR SCOTLAND 2015-16 This document is a gender edit guide to the Scottish Government s Programme for Government 2015-16. It includes all

More information

Below you will find information relevant to CCPS members which has been taken from the Single Outcome Agreement published in June 2009.

Below you will find information relevant to CCPS members which has been taken from the Single Outcome Agreement published in June 2009. East Ayrshire Below you will find information relevant to CCPS members which has been taken from the Single Outcome Agreement published in June 2009. Information is ordered in the following topic groups:

More information

How will I know if I have to give evidence in court?

How will I know if I have to give evidence in court? Being a Witness What is a witness? A witness is a person who is required to come to court to answer questions about a case. The answers a witness gives in court are called evidence. Before giving evidence,

More information

CONSULTATION ON PROPOSALS TO REFORM FATAL ACCIDENT INQUIRIES LEGISLATION

CONSULTATION ON PROPOSALS TO REFORM FATAL ACCIDENT INQUIRIES LEGISLATION CONSULTATION ON PROPOSALS TO REFORM FATAL ACCIDENT INQUIRIES LEGISLATION RESPONDENT INFORMATION FORM Please te this form must be returned with your response to ensure that we handle your response appropriately.

More information

Guide to Criminal procedure

Guide to Criminal procedure Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding

More information

Making a Victim Personal Statement

Making a Victim Personal Statement Making a Victim Personal Statement Your chance to explain how the crime has affected you VPS. Every crime has a victim. Every victim deserves a voice. Contents About this leaflet 01 About the VPS 03 How

More information

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you Making a Victim Personal Statement You have a voice in the criminal justice system and have a right to explain how the crime has affected you CONTENTS About this leaflet What is a Victim Personal Statement

More information

Tameside Children s Social Work - Local Assessment Framework

Tameside Children s Social Work - Local Assessment Framework Tameside Children s Social Work - Local Assessment Framework Contents Preface...3 The purpose of social work assessments...4 Statutory assessments under the Children Act 1989...5 The local framework for

More information

CRIMINAL JUSTICE (SCOTLAND) BILL

CRIMINAL JUSTICE (SCOTLAND) BILL CRIMINAL JUSTICE (SCOTLAND) BILL EXPLANATORY NOTES (AND OTHER ACCOMPANYING DOCUMENTS) CONTENTS As required under Rule 9.3 of the Parliament s Standing Orders, the following documents are published to accompany

More information

Community Legal Information Association of PEI, Inc. Sexual Assault

Community Legal Information Association of PEI, Inc. Sexual Assault Community Legal Information Association of PEI, Inc. Sexual Assault As an adult in Canada, you have the right to choose when or if you engage in sexual activity. Sexual activity without your consent is

More information

Justice Committee. Criminal Justice (Scotland) Bill. Written submission from the Scottish Child Law Centre

Justice Committee. Criminal Justice (Scotland) Bill. Written submission from the Scottish Child Law Centre INTRODUCTION Justice Committee Criminal Justice (Scotland) Bill Written submission from the Scottish Child Law Centre The Scottish Child Law Centre (SCLC or the Centre) is an independent charity, based

More information

The Victims Code: Young victims of crime: Understanding the support you should get

The Victims Code: Young victims of crime: Understanding the support you should get The Victims Code: Young victims of crime: Understanding the support you should get If you re a victim of crime, support and information is available to help you get through it. The Victims Code is a Government

More information

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth Criminal Injuries Compensation By Helen Porter, Office of Criminal Injuries Compensation. INTRODUCTION In this

More information

Supporting victims and witnesses with a learning disability

Supporting victims and witnesses with a learning disability Supporting victims and witnesses with a learning disability July 2009 Contents Introduction page 2 The Crown Prosecution Service page 5 The Code for Crown Prosecutors page 8 Ability to give evidence page

More information

A - DASH 15 Forest Lane Shenley, Nr Radlett Hertfordshire WD7 9HQ 01923 427 288 A-DASH@hertspartsft.nhs.uk

A - DASH 15 Forest Lane Shenley, Nr Radlett Hertfordshire WD7 9HQ 01923 427 288 A-DASH@hertspartsft.nhs.uk A-DASH is commissioned by the Joint Commissioning Group for Young People s Substance Misuse, a sub group of Hertfordshire Children s Trust Partnership. The service is based within Hertfordshire Partnership

More information

ORCA Opportunity to Reduce Criminal Activity Turning Point Scotland, Northern Horizons In Partnership with Grampian Police

ORCA Opportunity to Reduce Criminal Activity Turning Point Scotland, Northern Horizons In Partnership with Grampian Police ORCA Opportunity to Reduce Criminal Activity Progress Report - 1 st Oct 11 to 31 st Mar 1 Turning Point Scotland, Northern Horizons In Partnership with Grampian Police 1 CONTENT INDEX Introduction 3 Aims

More information

Information for registrants. What happens if a concern is raised about me?

Information for registrants. What happens if a concern is raised about me? Information for registrants What happens if a concern is raised about me? Contents About this brochure 1 What is fitness to practise? 1 What can I expect from you? 3 How are fitness to practise concerns

More information

Working together to improve outcomes for children and families. Needs, thresholds and pathways Guidance for Camden s children s workforce

Working together to improve outcomes for children and families. Needs, thresholds and pathways Guidance for Camden s children s workforce Working together to improve outcomes for children and families Needs, thresholds and pathways Guidance for Camden s children s workforce Universal, and Specialist Services: responding to the needs of Camden

More information

Legal Services Agency Mental Health Representation Project. Mental Health (Scotland) Bill

Legal Services Agency Mental Health Representation Project. Mental Health (Scotland) Bill Legal Services Agency Mental Health Representation Project Mental Health (Scotland) Bill 1. Do you agree with the general policy direction set by the Bill? We agree with the general policy direction set

More information

National Objectives for Social Work Services in the Criminal Justice System: Standards - Throughcare

National Objectives for Social Work Services in the Criminal Justice System: Standards - Throughcare National Objectives for Social Work Services in the Criminal Justice System: Standards - Throughcare CHAPTER 3: SOCIAL SERVICES IN PRISONS INTRODUCTION 34.Social work in prisons is part of the provision

More information

the criminal justice system and child sex offences

the criminal justice system and child sex offences Your children, Your rights a series of legal guides for parents of children who have been sexually abused CHILDREN AND THE LAW the criminal justice system and child sex offences Experiencing and reporting

More information

It is these principles outlined above which must underpin the law in relation to bail for children and young people in Northern Ireland.

It is these principles outlined above which must underpin the law in relation to bail for children and young people in Northern Ireland. Advice to Department of Justice in relation to their Consultation on Northern Ireland Law Commission Report on Bail in Criminal Law Proceedings The office of the Northern Ireland Commissioner for Children

More information

Working to standard: a code of conduct for support workers in health care. 1.1 Welcome to this code of conduct for support workers in health care.

Working to standard: a code of conduct for support workers in health care. 1.1 Welcome to this code of conduct for support workers in health care. Code of conduct for Healthcare Support Workers Working to standard: a code of conduct for support workers in health care 1. Introduction 1.1 Welcome to this code of conduct for support workers in health

More information

Guidance on health and character

Guidance on health and character Guidance on health and character Who is this document for?... 2 About the structure of this document... 2 Section 1: Introduction... 4 About us (the HPC)... 4 How we are run... 5 About registration...

More information

Review of Residential Drug Detoxification and Rehabilitation Services in Scotland.

Review of Residential Drug Detoxification and Rehabilitation Services in Scotland. Review of Residential Drug Detoxification and Rehabilitation Services in Scotland. Background A review of the availability, decision-making process, use and cost of existing residential detoxification

More information

ABOUT THE COMMUNITY PAYBACK ORDER

ABOUT THE COMMUNITY PAYBACK ORDER ABOUT THE COMMUNITY PAYBACK ORDER Introduction 1. The Criminal Justice and Licensing (Scotland) Act 2010 (the 2010 Act) is the largest piece of legislation introduced into the Scottish Parliament by the

More information

MIDLOTHIAN COUNCIL SOCIAL WORK DIVISION ELIGIBILITY CRITERIA FOR COMMUNITY CARE SERVICES POLICY AND GUIDANCE

MIDLOTHIAN COUNCIL SOCIAL WORK DIVISION ELIGIBILITY CRITERIA FOR COMMUNITY CARE SERVICES POLICY AND GUIDANCE MIDLOTHIAN COUNCIL SOCIAL WORK DIVISION ELIGIBILITY CRITERIA FOR COMMUNITY CARE SERVICES POLICY AND GUIDANCE This Policy is Authorised by: Colin Anderson This Policy was issued on: This Policy supersedes:

More information

Trends in Hate Crime charges reported, 2003-04 to 2014-15

Trends in Hate Crime charges reported, 2003-04 to 2014-15 Hate Crime in Scotland 2014-15 Introduction This publication provides details of hate crime reported to the Procurator Fiscal in Scotland in 2014-15, and earlier years. It also provides details of charges

More information

COMMUNITY CARE SERVICES - GUIDANCE IN RELATION TO PROTECTED ADULTS INTRODUCTION

COMMUNITY CARE SERVICES - GUIDANCE IN RELATION TO PROTECTED ADULTS INTRODUCTION COMMUNITY CARE SERVICES - GUIDANCE IN RELATION TO PROTECTED ADULTS INTRODUCTION 1. This note provides supplementary guidance on community care services to local authorities implementing the Protection

More information

A LONG-TERM STUDY OF THE OUTCOMES OF DRUG USERS LEAVING TREATMENT SEPTEMBER 2010

A LONG-TERM STUDY OF THE OUTCOMES OF DRUG USERS LEAVING TREATMENT SEPTEMBER 2010 National Treatment Agency for Substance Misuse Long-term results for those who have been treated in one year found that nearly half who leave neither need further treatment nor were found to be involved

More information

Helping the police to support people with vulnerabilities

Helping the police to support people with vulnerabilities Helping the police to support people with vulnerabilities Contents Foreword 1 Mental Health Crisis Care Concordat 3 Mental Health Street Triage 4 Liaison and Diversion 5 Multi Agency Working 6 Drugs 7

More information

YOUTH LEGAL CENTRE. Victims compensation. 1 Introduction. 2 Eligibility

YOUTH LEGAL CENTRE. Victims compensation. 1 Introduction. 2 Eligibility YOUTH LEGAL CENTRE Victims compensation 1 Introduction The New South Wales victims compensation scheme allows victims of violent crime to receive: counselling financial compensation injuries suffered payment

More information

Mental Health Law Centre AGM. Address

Mental Health Law Centre AGM. Address Mental Health Law Centre AGM Address by The Honourable Wayne Martin AC Chief Justice of Western Australia Perth Monday, 26 October 2015 I would like to commence by acknowledging the traditional owners

More information

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue shoplifting Guidance for police in England and Wales First publication: June 2014 1 Introduction 1.

More information

Practitioner Guidance for Somerset Drug and Alcohol Assessment Tool for Young People. 2nd edition October 2014. Guide

Practitioner Guidance for Somerset Drug and Alcohol Assessment Tool for Young People. 2nd edition October 2014. Guide Practitioner Guidance for Somerset Drug and Alcohol Assessment Tool for Young People 2nd edition October 2014 Guide Introduction This document provides practitioners with guidance on using the Somerset

More information

The criminal justice system: landscape review

The criminal justice system: landscape review Report by the Comptroller and Auditor General The criminal justice system: landscape review HC 1098 SESSION 2013-14 7 MARCH 2014 4 Key facts The criminal justice system: landscape review Key facts 8m 17.1bn

More information

Our Commitment to Victims

Our Commitment to Victims Our Commitment to Victims September 2014 We need to do more to help victims of crime navigate the criminal justice system, access the information and support they need, protect vulnerable victims and witnesses

More information

What s Going On to safeguard children and young people from sexual exploitation? : A data monitoring Tool

What s Going On to safeguard children and young people from sexual exploitation? : A data monitoring Tool What s Going On to safeguard children and young people from sexual exploitation? : A data monitoring Tool Introduction In 2009 the government published guidance on Safeguarding children and young people

More information

Loss of. focus. Report from our investigation into the care and treatment of Ms Z

Loss of. focus. Report from our investigation into the care and treatment of Ms Z A Loss of focus Report from our investigation into the care and treatment of Ms Z Contents Who we are 1 What we do 1 Introduction 1 How we conducted the investigation 3 Summary of Ms Z s Circumstances

More information

A GUIDE TO FAMILY LAW LEGAL AID

A GUIDE TO FAMILY LAW LEGAL AID A GUIDE TO FAMILY LAW LEGAL AID Important new rules in relation to legal aid were introduced on 1 April 2013 by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). This legal guide

More information

Model Allegations Management Policy for Knowsley Schools and Education Settings

Model Allegations Management Policy for Knowsley Schools and Education Settings 1 Model Allegations Management Policy for Knowsley Schools and Education Settings July 2015 Introduction 1. All schools and education settings have a duty to promote and safeguard the welfare of children

More information

Report. by the Comptroller and Auditor General. Criminal Justice System. Confiscation orders. Cost estimate methodology

Report. by the Comptroller and Auditor General. Criminal Justice System. Confiscation orders. Cost estimate methodology Report by the Comptroller and Auditor General Criminal Justice System Confiscation orders Cost estimate methodology DECEMBER 2013 Our vision is to help the nation spend wisely. Our public audit perspective

More information

Geraldine O Hare Chartered & Registered Forensic Psychologist Head Of Psychology Services & Interventions Probation Board for Northern Ireland

Geraldine O Hare Chartered & Registered Forensic Psychologist Head Of Psychology Services & Interventions Probation Board for Northern Ireland Northern Ireland Branch of the British Psychological Society Careers Events 27 February 2016 Geraldine O Hare Chartered & Registered Forensic Psychologist Head Of Psychology Services & Interventions Probation

More information

Report of a Complaint Handling Review in relation to Strathclyde Police

Report of a Complaint Handling Review in relation to Strathclyde Police Case reference: PIRC/00007/13/SP February 2014 Report of a Complaint Handling Review in relation to Strathclyde Police under section 35(1) of the Police Public Order and Criminal Justice (Scotland) Act

More information

Safeguarding Adults at Risk Policy

Safeguarding Adults at Risk Policy Freedom of Information Act Publication Scheme Protective Marking Not Protectively Marked Publication Scheme Y/N Yes Title Safeguarding Adults at Risk Version 1 Summary The policy establishes clear guidelines

More information

Being a Witness. Going to Court. A booklet on being a witness and special measures in civil cases in the Court of Session and sheriff court

Being a Witness. Going to Court. A booklet on being a witness and special measures in civil cases in the Court of Session and sheriff court Being a Witness A booklet on being a witness and special measures in civil cases in the Court of Session and sheriff court A booklet on being a witness and special measures in civil cases in the Court

More information

A client s experience

A client s experience 40 Rapid Action Project (RAP), Rainer, Essex Scheme of special merit award 2006 A client s experience Louis 1 was aged 11 years when police gave him a reprimand following a violent incident at school and

More information

REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS

REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS If you are experiencing or have experienced domestic volence and/or sexual violence there are a number of ways the law can protect

More information

Providing support to vulnerable children and families. An information sharing guide for registered school teachers and principals in Victoria

Providing support to vulnerable children and families. An information sharing guide for registered school teachers and principals in Victoria Providing support to vulnerable children and families An information sharing guide for registered school teachers and principals in Victoria Service Coordination Tool Templates 2006 reference guide Providing

More information

The Forensic Mental Health Services Managed Care Network. Mental Health (Scotland) Bill

The Forensic Mental Health Services Managed Care Network. Mental Health (Scotland) Bill Introduction The Forensic Mental Health Services Managed Care Network Mental Health (Scotland) Bill The Forensic Mental Health Services Managed Care Network welcomes the opportunity to respond to the consultation

More information

What happens to ex-offenders with LD after leaving prison? - the OFFSCA-ID project

What happens to ex-offenders with LD after leaving prison? - the OFFSCA-ID project What happens to ex-offenders with LD after leaving prison? - the OFFSCA-ID project Glynis Murphy Tizard centre, UK g.h.murphy@kent.ac.uk R E S E A R C H T E A M : D R E M I L Y B L A K E M A G A L I B

More information

Mental Health Act. Institute of Psychiatry, Psychology & Neuroscience

Mental Health Act. Institute of Psychiatry, Psychology & Neuroscience Institute of Psychiatry, Psychology & Neuroscience South London and Maudsley NHS Foundation Trust in association with reliable and up-to-date information about psychosis for family members and friends

More information

Children Act 2004 CHAPTER 31 CONTENTS PART 1

Children Act 2004 CHAPTER 31 CONTENTS PART 1 Children Act 2004 CHAPTER 31 CONTENTS PART 1 CHILDREN S COMMISSIONER 1 Establishment 2 General function 3 Inquiries initiated by Commissioner 4 Other inquiries held by Commissioner 5 Functions of Commissioner

More information

Mental Capacity Act 2005. DSAPB Joint Agency Agreement

Mental Capacity Act 2005. DSAPB Joint Agency Agreement Mental Capacity Act 2005 DSAPB Joint Agency Agreement DOCUMENT CONTROL Version: V2 Date Written: 30 th April 2013 Ratified by: Doncaster Safeguarding Adults Partnership Board Date ratified: 5 th September

More information

THE OFFICE OF SHERIFF

THE OFFICE OF SHERIFF THE OFFICE OF SHERIFF 1 Terms of Appointment All permanent sheriffs are appointed by Her Majesty The Queen on the recommendation of the First Minister of the Scottish Executive. The First Minister must

More information

The support you should get if you are a victim of crime

The support you should get if you are a victim of crime The support you should get if you are a victim of crime This is an EasyRead booklet showing you what to do. About this booklet The Ministry of Justice wrote this information. This is an EasyRead guide

More information

HARP (Horton Addiction Recovery Programme) 14 Edmund Street Bradford BD5 0BH. Selection and Allocation Policy

HARP (Horton Addiction Recovery Programme) 14 Edmund Street Bradford BD5 0BH. Selection and Allocation Policy HARP (Horton Addiction Recovery Programme) 14 Edmund Street Bradford BD5 0BH Selection and Allocation Policy HARP (Horton Addiction Recovery Programme) will endeavour to ensure that its services are allocated

More information

on the 27 FEBRUARY 2009

on the 27 FEBRUARY 2009 ural RECEI VED! 2 7 FEB 2008 JUSTICE AND ELECTORAL SUBMISSION TO THE JUSTICE AND ELECTORAL SELECT COMMITTEE on the 5 MAR 2009 DOMESTIC VIOLENCE (ENHANCING SAFETY) BILL By RURAL WOMEN NEW ZEALAND 27 FEBRUARY

More information

* Now that we have introduced criminal justice & the major institutions of the CJS, today we will review: Processing cases through the CJS:

* Now that we have introduced criminal justice & the major institutions of the CJS, today we will review: Processing cases through the CJS: SOC 3395: Criminal Justice & Corrections Lecture 2: Overview of the Canadian Criminal Justice System 2 * Now that we have introduced criminal justice & the major institutions of the CJS, today we will

More information

Service Specification for Support Delivery of the Drug Rehabilitation Requirement. Service Specification Document

Service Specification for Support Delivery of the Drug Rehabilitation Requirement. Service Specification Document Service Specification for Support Delivery of the Drug Rehabilitation Service Specification Document This document defines the service, including the required outcome(s) and outputs. As part of an SLA

More information

IMPLEMENTATION FRAMEWORK

IMPLEMENTATION FRAMEWORK IMPLEMENTATION FRAMEWORK AND PRIORITIES 2015-2017 People with learning disabilities, their families and carers have the right to be valued as individuals and lead fulfilling lives. They have the right

More information

INTRODUCTION The Criminal Law Committee of the Law Society of Scotland ( the. Committee ) welcomes the opportunity to comment upon the Scottish

INTRODUCTION The Criminal Law Committee of the Law Society of Scotland ( the. Committee ) welcomes the opportunity to comment upon the Scottish RESPONSE FROM LAW SOCIETY OF SCOTLAND INTRODUCTION The Criminal Law Committee of the Law Society of Scotland ( the Committee ) welcomes the opportunity to comment upon the Scottish Government s Consultation

More information

Drug and Alcohol Fair Processing Notice

Drug and Alcohol Fair Processing Notice Drug and Alcohol Fair Processing Notice Contents Introduction What information is held? Who can access the information? How is the information used? Who else is this information passed to? How is information

More information

TAFE SA Student Alcohol and Other Drug Policy Under the umbrella of Drugs and Alcohol Policy (DFEEST OHS&IM 026)

TAFE SA Student Alcohol and Other Drug Policy Under the umbrella of Drugs and Alcohol Policy (DFEEST OHS&IM 026) TAFE SA Student Alcohol and Other Drug Policy Under the umbrella of Drugs and Alcohol Policy (DFEEST OHS&IM 026) 1. Purpose of the policy The purpose of the Student Alcohol and Other Drug Policy is to

More information

A guide to the Adults with Incapacity (Scotland) Act

A guide to the Adults with Incapacity (Scotland) Act A guide to the Adults with Incapacity (Scotland) Act Introduction Mental capacity refers to our ability to make decisions for ourselves and act on them. Brain injury can impair this ability and when this

More information

Victims of crime: Understanding the support you can expect

Victims of crime: Understanding the support you can expect Victims of crime: Understanding the support you can expect If you have been a victim of crime, you are entitled to certain information and support from criminal justice organisations such as the police

More information

An overview of Scotland s criminal justice system

An overview of Scotland s criminal justice system An overview of Scotland s criminal justice system Prepared for the Auditor General for Scotland and the Accounts Commission September 2011 Auditor General for Scotland The Auditor General for Scotland

More information

Anti-human trafficking manual for criminal justice practitioners. Module 11

Anti-human trafficking manual for criminal justice practitioners. Module 11 Anti-human trafficking manual for criminal justice practitioners Module 11 11 UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Anti-human trafficking manual for criminal justice practitioners Module 11:

More information

NOT PROTECTIVELY MARKED

NOT PROTECTIVELY MARKED Force Template NOT PROTECTIVELY MARKED Title Policing Cannabis Possession CCMT Sponsor ACC Local Policing Department/Area Local Policing Section/Sector Drugs Co-ordination 1.0 Rationale 1.1 The purpose

More information

Victim Personal Statement. Procedure

Victim Personal Statement. Procedure Victim Personal Statement Procedure Reference No. P15:2001 Implementation date and version number 6 th Sept 2010 (Version 1.7) Overarching Dorset Policy Linked document Reference No / Name. P04-2007 Vulnerable

More information

DELAYS IN THE CRIMINAL JUSTICE SYSTEM OF VANUATU

DELAYS IN THE CRIMINAL JUSTICE SYSTEM OF VANUATU DELAYS IN THE CRIMINAL JUSTICE SYSTEM OF VANUATU DON PATERSON INTRODUCTION Delays in the hearing of cases, both civil and criminal, in the Supreme Court of Vanuatu are becoming a matter of some concern

More information

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................

More information

Human Services Quality Framework. User Guide

Human Services Quality Framework. User Guide Human Services Quality Framework User Guide Purpose The purpose of the user guide is to assist in interpreting and applying the Human Services Quality Standards and associated indicators across all service

More information

Scotland s veterans & forces communities: meeting their wellbeing and welfare needs

Scotland s veterans & forces communities: meeting their wellbeing and welfare needs Scotland s veterans & forces communities: meeting their wellbeing and welfare needs A response from Citizens Advice Scotland Based on the evidence of Citizens Advice Bureaux clients across Scotland by

More information

THE FUTURE ARRANGEMENTS FOR THE DELIVERY OF CRIMINAL JUSTICE SOCIAL WORK SERVICES.

THE FUTURE ARRANGEMENTS FOR THE DELIVERY OF CRIMINAL JUSTICE SOCIAL WORK SERVICES. STIRLING COUNCIL THIS REPORT RELATES TO ITEM ON THE AGENDA CARE COMMITTEE COMMUNITY SERVICES 26 th October 2000 NOT EXEMPT THE FUTURE ARRANGEMENTS FOR THE DELIVERY OF CRIMINAL JUSTICE SOCIAL WORK SERVICES.

More information

Parents recording social workers - A guidance note for parents and professionals

Parents recording social workers - A guidance note for parents and professionals Parents recording social workers - A guidance note for parents and professionals The Transparency Project December 2015 www.transparencyproject.org.uk info@transparencyproject.org.uk (Charity Registration

More information

COUNCIL OF EUROPE COMMITTEE OF MINISTERS

COUNCIL OF EUROPE COMMITTEE OF MINISTERS COUNCIL OF EUROPE COMMITTEE OF MINISTERS Recommendation Rec(2006)8 of the Committee of Ministers to member states on assistance to crime victims (Adopted by the Committee of Ministers on 14 June 2006 at

More information