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29 July 2022 / Dr Jon Robins
Issue: 7989 / Categories: Opinion , Criminal , Constitutional law , Human rights
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Neurodiversity & a shocking litany of wrongful convictions

89111
The justice system cruelly stacks the odds against the neurodivergent, says Jon Robins

As many as one in four prisoners in Britain could have attention deficit hyperactivity disorder (ADHD), according to a report published by the charity, ADHD Foundation last month. The group argues ADHD is ‘critically under-diagnosed’ and, if managed properly, could lead to a reduction in criminality of 32% for men and 41% for women. The research is the latest in a series of studies drawing attention to how little understood, in terms of implications for the criminal justice system (CJS), are the conditions that fall under the broad umbrella of ‘neurodiversity’.

A major study by three criminal justice inspectorates published last year estimated that as many as half of all people going into prison could be neurodivergent. ‘We were struck by the number of times the word “difficult” was used in evidence,’ wrote Charlie Taylor, Justin Russell and Sir Thomas Winsor, chief inspectors of prisons, probation and constabulary respectively. They went on

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MOVERS & SHAKERS

Kennedys—Milan Devani

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Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

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DWF—Ian Plumley

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Londoninsurance and reinsurance practice announces partner appointment

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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