The first critical steps through the criminal justice system for persons with intellectual disabilities
Authors: Mercier Céline , Crocker Anne G. 
Published: August 2010

Accessible summary

 Sometimes, persons with learning disabilities have contacts with police because they are suspected of having committed an offence, such as shoplifting or having made too much noise on the street.

 We met with 14 individuals we will call informants, who know about this type of situation to ask them what happens to persons with learning disabilities when they are suspected of having committed an offence.

 The informants told us that the persons who called the police, the police officers and the lawyers can decide if the individual who is suspected will be released or will continue with through the justice system. If the person is known to the police or to the intellectual disability services, if the suspected offender has family members or friends who can support him then, chances are that he will benefit from some special attention. The problem is that very often, the persons who called the police, the police officers and the lawyers do not know that the suspected offender has a learning disability.

 The informants we met also said that the persons with learning disabilities should receive special assistance when they are in trouble with the law, and police officers and lawyers should know more about intellectual disabilities.

 When persons with intellectual disabilities want some help, they have to tell the police officers or lawyers. Otherwise, if the police officers and the lawyers do not know that the person has trouble completely understanding the situation, they cannot help when he or she goes through the stages following the arrest.

This paper deals with the initial steps of the judicial process for persons with intellectual disabilities who are suspected of a minor offense; a stage where plaintiffs, police officers, and crown attorneys make a series of decisions that will have a significant impact on the course of the judicial process. The objective of this study was twofold: (i) to document the criteria that influence dispositions by police officers and crown attorneys about persons with intellectual disabilities in the criminal justice system (CJS), (ii) to report suggested improvements to better support them throughout the judicial process. Fourteen semi‐structured interviews were conducted with key informants from the CJS and from service and community organisations working in the field of intellectual disabilities. The results of this qualitative study indicate that decisions made and dispositions taken rely on a series of implicit criteria that influence the course of the subsequent judicial procedures against persons with an intellectual disability. Suggestions for improvement pertain to developing the screening of intellectual disability procedures, the provision of information to key actors about intellectual disabilities, a preference for the use of summons to appear over other types of procedures, and drafting memorandums of understanding between various organisations and police services regarding persons with intellectual disabilities. In conclusion, an emphasis must be put on screening and diversion procedures for persons with intellectual disabilities when appropriate.