Meeting the communication support needs of defendants with mental health conditions or learning disabilities in criminal court proceedings: a human rights evaluation of the situation in England and Wales

In recent years, the need to provide communication support for defendants with mental health conditions or learning disabilities in criminal cases has received increased attention in both international law and domestic legislation. However, defendants in England and Wales have inconsistent access to such support. Furthermore, there has been very little empirical research on this category of defendants’ experiences and the barriers that hinder their access to communication support in criminal court proceedings. This thesis sought to deepen understanding of the nature of the communication support that, according to international human rights law, should be provided to defendants with mental health conditions or learning disabilities in criminal cases. It also sought to deepen understanding of the extent to which this type of support is made available to such defendants in England and Wales and of the barriers they face accessing this support. It also sought to recommend relevant improvements. Article 13 of the CRPD and the Concluding Observations of the CRPD Committee were examined to identify relevant international standards and practices before analysing the scope of domestic legislation and guidance. Former defendants with mental health conditions or learning disabilities were interviewed to find out more about their experiences and hear their perspectives on the barriers and what should be done to address these barriers. Furthermore, a focus group was held with support providers to gather their perspectives on the barriers and what should be done to address these barriers. This research found that guidance for the provision of communication support to ‘vulnerable defendants’, such as those with mental health conditions or learning disabilities has increased in recent years. However, defendants have limited access to this support due to attitudinal and systemic barriers. These findings show how the criminal court process marginalises those with mental health conditions or learning disabilities and denies them justice.