It is absurd to think that a person with Down’s syndrome or any other learning disability is incapable of doing anything bad. People with learning disabilities are individuals with opinions who are just as capable as the next person of being racist or committing a crime.

And there is no doubt that, if a person with a learning disability commits a crime and knows that it is wrong, he or she should be punished just like anyone else. However, provisions do need to be put in place to ensure that people with learning disabilities are treated fairly and with respect throughout the judicial process.

Being questioned or arrested can be extremely frightening and confusing for someone with a learning disability, especially if the person doesn’t understand why it is happening. In addition, a tendency to be more suggestible and to want to please means that many suspects with a learning disability falsely incriminate themselves. That is a major cause of concern.

Research shows that between 20 per cent and 30 per cent of offenders have learning difficulties or a learning disability that interferes with their ability to cope within the criminal justice system. In light of this, it is both surprising and concerning that more attention has not been given to the support needed by suspects with learning disabilities while in police custody.

The Prison Reform Trust looked at current policy and how the police respond in practice for a report published this year. It found that, although there are safeguards in the criminal justice system and policing policy to protect vulnerable suspects, practice on the ground is not always ensuring fair treatment. Assessing the vulnerability of a suspect is the first role of the police and often the first stumbling block. A lack of routine screening - sometimes as simple as asking a suspect whether he or she has a learning disability - makes identification and assessment harder.

The guidelines state that, if a decision is taken to make an arrest, an “appropriate adult” should be called to the police station. Their role is to “observe whether the police are acting properly, fairly and with respect for the rights of the detained person” and to provide support and assistance, particularly when the suspect is being questioned. However, there are questions about whether this safeguard is followed - especially with a lack of “appropriate adults” and a lack of awareness on the part of the police that it is required.

Although officers do receive training on dealing with people with a learning disability, to date there has been little consistent and comprehensive training specifically for custody officers on the identification of learning disabilities in suspects. Better training about the needs of people with a learning disability would equip police officers when dealing with suspects. Simple changes to procedures, such as avoiding leading questions in an interview and keeping questioning clear and jargon-free, would be a good start.

It would be foolish to take the easy way out in an effort to prevent people with a learning disability from facing serious consequences for any crime, and it would never be Mencap’s approach. But the present system, with inadequate support and lack of suitable safeguards, has gone too far the other way. The relevant organisations must start working together to find the approach that really will secure justice for all.

David Congdon is head of campaigns and policy at Mencap

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