​Criminal justice system failing disabled victims, says commissioner

A failure to provide reasonable adjustments in court and difficulties in accessing interpreters for deaf people are creating barriers that cause disabled victims to feel excluded from the justice system, a review commissioned by the Victims’ Commissioner has found.

The review examines existing literature from the UK and overseas on disabled victims’ experiences of criminal justice. It found that ‘disabled people are disproportionately negatively impacted by their engagement with the criminal justice system and are more likely to report dissatisfaction with how they are treated and their criminal justice outcomes’.

Baroness Newlove, Victims’ Commissioner for England and Wales, said the review ‘reveals an uncomfortable truth: too often, disabled victims are confronted by impenetrable systems, inflexible procedures and dismissive attitudes that block their path to justice’.

She added: ‘For too many disabled victims, the justice system itself is the biggest obstacle to securing justice. It shouldn’t be this way, and it doesn’t have to be. I urge justice leaders to carefully consider this report’s findings and ensure every stage of the justice process is truly open to all.’

The review makes six recommendations. Thse include improving training and professional development for criminal justice workers, implementing reasonable adjustments, accessibility audits and multi-agency working.

Referring to barriers within court, the review there was a ‘failure to provide reasonable adjustments and some specific barriers limiting access for deaf victims and people with learning disabilities’. 

 It added: ‘Inconsistency of support provision was also reported for disabled women more generally who found that reasonable adjustments are not consistently accommodated across different courts. [The literature] also recognises that courtrooms may be physically inaccessible for some disabled women, and provide examples such as lifts being out or order or only having stair access to particular areas of the courtroom.

‘Difficulties in accessing interpreters for deaf victims at court can create specific barriers to accessing appropriate support and delays in setting court dates.’

Newlove said she will be writing to relevant agencies to ’urge them to implement these crucial measures’.