header-logo header-logo

29 July 2022 / Dr Jon Robins
Issue: 7989 / Categories: Opinion , Criminal , Constitutional law , Human rights
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll