8. Offenders

Closed 1 Nov 2019

Opened 30 Aug 2019

Published Responses

View submitted responses where consent has been given to publish the response.

Overview

This review was asked to look at ‘the criminal justice system and the interaction with the Act’ for autistic people and people with learning disability.

In stage 1, we met autistic offenders and offenders with learning disability. In stage 2, we heard from experts in criminal justice from Scotland, England, Northern Ireland and Australia.

In this part, we suggest changes to make the criminal justice system fairer for autistic people and people with learning disability.

We suggest that Scotland uses ‘intermediaries’ to support suspects and defendants who have communication impairments.

We suggest a change to how disability is understood in criminal law. This change could make it possible for person to be held responsible for an offence, but also to have adapted consequences that take account of the person’s disability.

We suggest that punishment, support to stop offending, and support care and treatment should be clearly separated out in law for autistic offenders and offenders with learning disability.

We suggest that punishment should be for no longer for these offenders than for any other offenders.

We think that the law could make clear that offenders have the same rights of access to care and treatment as autistic people and people with learning disability who are not offenders.              

We think that autistic offenders and offenders with learning disability all need to be offered individualised support to stop their offending behaviour.

You can use the online survey to answer questions about these things.

Or you can downloand a Word or PDF version of this section below, fill it in and send it to us by email or post.

Audiences

  • Anyone from any background

Interests

  • Learning disability and autism