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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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Forbes Solicitors—Stephen Barnfield

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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