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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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NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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