How the criminal justice system is failing disabled people

Earlier this month we published the results of our Inclusive Justice inquiry into whether the criminal justice system treats disabled people fairly, particularly those with cognitive impairments, mental health conditions and neuro-diverse conditions. The full inquiry report follows the publication of interim findings in April, as the coronavirus pandemic caused a large uptick in remote hearings.

Our inquiry found that the system is not systematically recognising the needs of disabled people, meaning defendants and accused people risk not being able to participate properly in the legal process. 

We 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. We 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:

• ensure departments and executive agencies address gaps in the collection, monitoring and analysis of disability data, and ensure there is clear regulatory oversight to monitor their effective participation
• develop early and effective screening for all defendants and accused people and give consideration to how screening might work for those involved in criminal proceedings where the route does not involve the police and/or custody
• ensure timely access and sharing of information
• support the duty to make reasonable adjustments and respect fair trial rights
• ensure 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 disability awareness is a mandatory element of continuing professional development for those working in criminal law.

Learn more about delivering inclusive justice

Following publication of our Inclusive Justice report and the rise in virtual hearings during the coronavirus pandemic, we are joining other legal experts for two forthcoming webinars on how to ensure inclusive justice. 

Remote Hearings: Risks and Opportunities for Effective Participation

EHRC Scotland will be joined by Scottish legal experts to explore the risks and opportunities for equality & human rights with the expansion of remote hearings in the justice system.

This event will be of interest to civil and criminal legal practitioners, organisations which support court and tribunal users and to academics with an interest in access to justice issues.

Free webinar on Thu 2 July 15.00-16.30.

Virtual hearings - discriminatory justice or a revolution in access?

Join Transform Justice and speakers, including Angus Cleary from the EHRC, to discuss the rise in virtual criminal hearings and its consequences.

During the pandemic more and more defendants have appeared on video from police stations and prisons, and few lawyers have been able to consult with their clients face to face. Panellists will explore the effect this has on justice. 

Free webinar on Wed 8 July 17.00-18.30

As part of our inquiry into whether the justice system treats disabled defendants fairly, we spoke to Alex Preston, a criminal defence solicitor from Olliers Solicitors. Here, she shares her experience of representing disabled clients and those with mental health conditions in the criminal justice system.

Inquiry into the impact of coronavirus on black and ethnic minority communities

The coronavirus pandemic has shone a light on long-standing, structural race inequality in Britain, and raised serious issues that have yet to be fully answered. Because of this, the Commission is to undertake an inquiry into the impact of the pandemic on black and other ethnic minority people.  

This in-depth analysis will help develop clear, evidence-based recommendations for urgent action to tackle entrenched racial inequalities in a specific area. It will also take account of the differences and opportunities in England, Scotland and Wales.  

The decision to use our legal powers in this way builds on our previously published Roadmap to Race Equality, which called for a government-wide strategy to address long-standing racial inequalities in all areas of life, focusing on education, employment, health, housing and criminal justice. 

These underlying inequalities are deep-rooted issues that we identified in our report Healing a Divided Britain, and have been thrown into sharp focus and exacerbated by the coronavirus pandemic. We will focus on a specific area to highlight the cumulative impacts on people from different ethnic minorities and recommend the urgent action that needs to be taken. This will help to ensure these inequalities are tackled once and for all, so that the disproportionate impact we have seen can never happen again. Terms of the inquiry setting out the detail will be published in the coming weeks.

Commission uses legal powers to review Home Office actions affecting the Windrush generation

How SMEs can embrace equality and inclusion through coronavirus and beyond

The last few months have been extremely challenging for all businesses and at the Commission we've provided guidance so employers can ensure they are not being discriminatory as they respond to the pandemic. We recently took part in a CBI webinar with business leaders from small and medium enterprises and our Compliance Director Jackie Killeen has written an article summarising what SMEs should consider. 

Recruitment starts for new Commission Chair and board members

Stay connected

Equality and Human Rights Commission

Fleetbank House, 2-6 Salisbury Square, EC4Y 8JX

Unsubscribe