Equality on Trial: Accused Disabled Children and the Justice System

Anna Lawson and Rebecca ParryHoward League for Penal Reform - Re-imagining youth justice

2 April 2014

Access to Justice for Children with Mental Disabilities

Coordinators Partners

Objectives1. Increase knowledge regarding difficulties children

with mental disabilities face in accessing justice throughout Europe.

2. Create EU-wide standards to guide us in improving access to justice for children with mental disabilities.

3. Produce training and educational materials for professionals (lawyers, police and judiciary).

4. Advocacy – to promote the previous three objectives.

Social Model of DisabilityImpairment –

Lacking all, or part, or having a deflective limb, organ or mechanism of the body (including psychological mechanisms). Disability –

The restrictions caused by the organisation of society which does not take into account individuals with physical or psychological impairments.

Reasonable Adjustments –

Efforts taken by society to remove those barriers.

Disabling

Disabling World

UNCRCArticle 40 – must take into account the child’s age

UN Standard Minimum Rules on the Administration of Juvenile Justice 1985 (Beijing Rules)

Rule 14.2 - The proceedings shall be conducive to the best interests of the juvenile and shall be conducted in an atmosphere of understanding, which shall allow the juvenile to participate therein and to express herself or himself freely.

UNCRPD – Article 2

Clearly defines:

• "Communication“

• "Language“

• "Discrimination on the basis of disability“

• "Reasonable accommodation“

• "Universal design"

UNCRPD – Article 5

Equality and non-discrimination

• (1) All persons are equal before and under the law.

• (2) Guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

• (3) Shall take all appropriate steps to ensure that reasonable accommodation is provided.

Equality Act 2010

Section 20 (5) and (11)• The duty includes a

requirement to provide a disabled person with an auxiliary service, if needed, in order to prevent them being placed at a substantial disadvantage when compared with a non-disabled person

Part 3 & Schedule 2

Youth Justice & Criminal Evidence Act 1999

• Section 23• Section 24• Section 25• Section 27• Section 29• Section 30

• Section 16 (1)

Intermediaries

• Role of the Intermediary

• Registered v unregistered Intermediaries

• Section 104 Coroners and Justice Act 2009

• Common Law Principles

CASE LAW

Investigative stages:Re W [2010] ECA Crim 2799Trial stages:R (C) v Sevenoaks Youth Court [2009] EWHC

3088 (Admin); [2010] 1 All ER 735R (AS) v Great Yarmouth Youth Court [2011]

EWHC 2059 R v Walls [2011] EWCA Crim 443

CONCLUSIONS

Article 6 ECHR Equality Act 2010

Thank you