Criminal Justice System

First Online Entry

Disability and Criminal Justice System

In the UK, the issue of disability among the people is increasing over the last years and according to Mental Charity created in the 1997 named Barriers to Justice which debated the criminal justice system’s actions towards people with learning disabilities. Disability mainly refers to the person that has physical or intellectual impairment, which furthers makes long terms impacts on the living condition and daily activities in leading the life (Government Digital Service, 2011). The criminal justice system includes the police officers, lawyers and magistrates to give justice to the victims in the society and there is strong linkage between the disability and criminal justice system. Learning disability in this regard is one of the major disabilities among the individual leading to the criminal offence in the society where the person is suffering from impairment and commits crime in the society. There are training and development program for supporting the people with learning disabilities, where all the police officers, magistrate and counsellors are involved to manage the individuals. In demand to use their entitlement to a rational trial, preserved in article 6 of the European Convention on Human Rights, the individuals should be involved for criminal procedures and investigation, but due to learning disabilities, they cannot perform efficiently in the investigation process and it further hampers the investigation process (Hellenbach, Karatzias and Brown, 2016. The criminal courts must follow the concrete actions to allow the involvement in prosecutions of criminals who are at risk to avoid their vulnerability. According to the Disability Discrimination Act, the court has an obligation for securing the individuals and ensure compete accessibility of the defendants with incapacities. If you are navigating the complexities of criminology dissertation writing, seeking reliable criminology dissertation help can be the best decision.

Correlating to mental health act 1983, section 136 if an individual is diagnosed to have urge not need of treatment or control of their behaviour, it is essential for the police officers and counsellors to arrange training and treatment session for the individuals for recovering their mental issues which would be beneficial for the health and safety of the individual as well as for the society as a whole (HM Inspectorate of Probation, 2015). There are registered doctors and other counsellors who take a vital role in managing the individuals with disabilities, and also they do crime and under the police custody for investigation process. The mental health consultant, counsellors and doctors treat the individuals fairly and with safety so that there would be no such harmful environment created in the investigation and treatment process. It is the responsibility of the police officers, counsellors, doctors and mental health services providers to work cooperatively for treating the individuals with learning disabilities (Khalifeh et al., 2013). The UK government policy and legislative structure of Mental Capacity Act 2005 is effective to manage the individuals with disabilities in the prison, where they are engaged with criminal offence. The MCA is established to defend and permit people that have deficiency on their mental capacity to make their personal decisions about their care and treatment. Also, relates to people aged 16 or over, this includes a simple decision about what to dress or something that make a huge change like moving the place or have a significant operation (Mental Capacity Act, 2021) (nhs.uk., 2021). The people with learning disabilities are hereby managed under continuous supervisions of the health and social care workers, mental consultant and doctors so that their capability to accomplish with their punishment or period in detention can be improved. This could be for people that finished their sentence effectively and complete the efforts required to avoid them refrain from reoffending (HM Inspectorate of Probation, 2015).

The crimes related to killing, violence and others are rising across the England and Wales and the issue of learning disabilities among the individuals also increased over the period of time. About 5% agents are involved with the mental health department for their children which are suffering from learning disabilities; they act differently where the individuals are engaged with violence, aggressive behaviour, alcohol misuse, drugs and prior detention. Even Though, patients that highly offers risk for society should involve continuous supervision, and frequent evaluation regard changing delusional thinking and reflections linked to violence (Flynn et al., 2013). The 2006 United Nations Conventions on the Rights of People with Incapacities accentuates the sanction of this exposed group to freedom from exploitation, hostility and persecution. The guidelines and association with the mental health department are helpful for guiding and supporting the individuals with disabilities for improving their understanding, developing social skill and values in living in the society rationally (Jacobson and Talbot, 2009). The justice system in the UK is fair and transparency for equal treatment and diversity management and it further helps to deal with the prisoners who are suffering from disabilities. There is strong team with involvement of police officers, jailor and mental health department, and the prisoners with disabilities are guided with treatment and counselling programs to improve their mental capability that would be beneficial for himself and others in the society (Legislation.gov.uk., 2021).

The latest World Statement on Incapacity underlines physical and sexual aggression along individuals with disability as a principal risk component for ill condition in this group. The wellbeing effect of violence with the disabled is possible to be intensified by current illness and complicated social situation. The Equality Act 2010 as well as the Mental Capacity Act 2005 is also implemented in the jail, to treat the individuals with disabilities fairly and give justice to the victims (nhs.uk., 2021). They are supported with effective training program for enhancing their thinking process and help them to lead a normal life like others (Flynn et al., 2013). This practice and mental health treatment will provide a scope to involve the prisoners and conduct in depth investigation for the crime. It is hereby beneficial for the police officers and jailors as well as the mental health department to work collaboratively and maximise the standard of living condition of the prisoners with learning disabilities (Flynn et al., 2013). Hence, the criminal system is fair and transparent to treat the individuals with different disabilities and involve them in the investigation process by improving their mental capacity for getting justice.

Reference List

Flynn, S., Rodway, C., Appleby, L. and Shaw, J., 2013. Serious Violence by People With Mental Illness. Journal of Interpersonal Violence, 29(8), pp.1438–1458 [Accessed 30 Mar. 2021].

Government Digital Service, 2011. Definition of disability under the Equality Act 2010. [online] GOV.UK. Available at: https://www.gov.uk/definition-of-disability-under-equality-act-2010 [Accessed 27 Mar. 2021].

Hellenbach, M., Karatzias, T. and Brown, M., 2016. Intellectual Disabilities Among Prisoners: Prevalence and Mental and Physical Health Comorbidities. Journal of Applied Research in Intellectual Disabilities, 30(2), pp.230–241.

HM Inspectorate of Probation, 2015. P A joint inspection of the treatment of offenders with learning disabilities within the criminal justice system -phase two in custody and the community A Joint Inspection by HMI Probation and HMI Prisons. [online] Available at: https://www.justiceinspectorates.gov.uk/cjji/wpcontent/uploads/sites/2/2015/03/Learning-Disabilities-phase-two-report.pdf.

Jacobson, J. and Talbot, J., 2009. Vulnerable Defendants in the Criminal Courts: a review of provision for adults and children. [online] Available at: 0946209960 [Accessed 27 Mar. 2021].

Khalifeh, H., Howard, L.M., Osborn, D., Moran, P. and Johnson, S., 2013. Violence against People with Disability in England and Wales: Findings from a National Cross-Sectional Survey. PLoS ONE, 8(2), p.e55952.

Legislation.gov.uk., 2021. Mental Health Act 1983. [online] Available at: [Accessed 29 March 2021].

nhs.uk., 2021. Mental Capacity Act. [online] Available at: [Accessed 29 March 2021].

Second Online Entry

Prison Suicide

Self-harm and suicides are frequent in convicts. Also, based on this study from prisons in England and Wales and how recurrently self-harm is chased by suicide. The frequency of self-harm in the penitentiary’s population, that is related the risk impacts of overcrowding and the high risk of consequently died by suicide after the self-harm incidents (Fazel, Ramesh and Hawton, 2017). Around 139,195 of self-harm cases were documented in 26,510 individual convicts between 2004 and 2009 and 6% of man and 24% of woman prisoners are self-harmed every year. Self-harm numbers were more than ten times above average in women prisoners as compared to the man prisoners (Fazel, Ramesh and Hawton, 2017). Recurrence of self-harm is more frequent, mainly in women and young girls and, in both genders, self-harm was related with younger age, white origin, detention category, life sentence or females that commit a violent crime was also a reason.

Although, the occurrence of 109 subsequent suicides in jail were reported in the same study and the connection is higher in those, who self-harmed themselves and more than half the fatalities happened in a month of self-harm (Hawton et al., 2014). According to an article from the Lancet Psychiatric in the 2018, that related to a significant problem about motivations that predicting prison suicide (Bartlett, Frater and Hyde, 2018). Also, the author analysis that emphasis be required to go further from prison interrelated to individuals’ considerations. Particularly, currently the United Kingdom has clearly been concerned with the adverse consequence of narrative psychoactive substances, debits encountered with drug and other interchange across jails. Also, decreased out of jail cell activities for criminals, and extended hours in the isolated incarceration that is give a huge impact for many offenders, lower number of staff and then all these problems leave the prison environment insecure (Bartlett, Frater and Hyde, 2018).

The prisons are repositories for the vulnerable people and traditionally there is high risk of suicide such as young males, person with mental disorders, mainly women and girls, socially isolated and disenfranchised as well as the people with substance use problems and suicidal behaviours (Fazel, Ramesh and Hawton, 2017). It is important to analyse the environmental factors related to the suicidal attempts among the prisoners in the prisons and develop further intervention planning to reduce the risk of suicide. Pre-trial inmates who commit suicide in custody are generally male, and Sentenced Prisoners commit suicide that are generally older. When staffing is lowest mainly at night and in weekends where the person who are being held in isolation or segregation cells, commit suicide. An inmate placed in and unable to cope with administrative segregation or other similar specialized housing assignments raise the risk factors of suicide (Tomczak, 2018). Psychological factors are also crucial to be considered in suicidal attempts in the criminal justice system where the suicidal inmates offence experience bullying, inmate to inmate conflicts, disciplinary infractions and adverse satiation, where they are attempting suicide in the orison when they are going through hopeless situation (Fazel, Ramesh and Hawton, 2017). Hence, psychiatric illness and emotional problems are common among inmate suicides. Suicidal incidents among the women are high where they have poor social and family support and history of psychiatric illness and emotional problems. Hence, suicidal prevention program must be developed under supervision and control in order to mitigate the numbers of suicidal cases in the prisons (Hawton et al., 2014).

Suicidal prevention policy and health and safety management in prison under criminal justice system is effective to support the individuals, where the jailor and supervisors are controlling the individuals by providing suitable environment to stay and managing different activities to enhance interactions among the individuals (Fazel, Ramesh and Hawton, 2017). Training and development program is the backbone to manage the individuals in prison, where the supervisor and jailor try to increase their participation in the training mainly in the screening hours. The correctional officers are also there to form front line defence in preventing suicides in the orison (Bartlett, Frater and Hyde, 2018). The correctional staff, health and mental care personnel and jailor are working collaboratively to improve the wellbeing of the inmates and prevent the chance of suicidal attempts. Intake screening is also effective where the new inmates are screened under supervisions and control (Castelpietra et al., 2018). The prison officer and jailor try to provide correctional settings and develop question answer sessions with the individuals, so that they can share their activities and perception with the correctional staff. The discussion about history of substance use, high levels of shame, guilt, and worry over the arrest and incarceration, psychiatrics condition, health condition and personal difficulties are discussed through the intake screening process (Bartlett, Frater and Hyde, 2018). Communication is also hereby playing a crucial role to conduct the screening process and develop bonding in the prison, so that the inmates can share their perceptions with the correctional staff (Fazel, Ramesh and Hawton, 2017).

Additionally, the health care personnel, mental health consultant and counsellors are also cooperative and interact with the inmates for sharing knowledge and personal experience. This is also beneficial to reduce the chance of suicidal attempts among the inmates (Bartlett, Frater and Hyde, 2018). The other activities, such as continuous monitoring, enhancing social interactions and physical environment and architectural management are helpful for the inmates to cooperate with others and improve their physicals and mental condition (Voulgaris et al., 2018). Development of sufficient internal resources or links to external community-based mental health services, health care service, correctional staff intervention and communication between staff members regarding high-risk inmates are hereby fruitful intervention planning to prevent the issue of suicide in the prison (Castelpietra et al., 2018). The prevention programs along with the correction facilities through improving suicide detection, monitoring, and management also provide a scope to the jailor and prison officer to manage the inmates and reduce the suicidal behaviours among the inmates.

Reference List

Bartlett, A., Frater, A. and Hyde, S., 2018. Suicide and the criminal justice system: a more complete picture. The Lancet Psychiatry, 5(2), pp.106–107.

Castelpietra, G., Egidi, L., Caneva, M., Gambino, S., Feresin, T., Mariotto, A., Balestrieri, M., De Leo, D. and Marzano, L., 2018. Suicide and suicides attempts in Italian prison epidemiological findings from the “Triveneto” area, 2010–2016. International journal of law and psychiatry, 61, pp.6-12.

Fazel, S., Ramesh, T. and Hawton, K., 2017. Suicide in prisons: an international study of prevalence and contributory factors. The Lancet Psychiatry, 4(12), pp.946-952.

Hawton, K., Linsell, L., Adeniji, T., Sariaslan, A. and Fazel, S., 2014. Self-harm in prisons in England and Wales: an epidemiological study of prevalence, risk factors, clustering, and subsequent suicide. The Lancet, 383(9923), pp.1147–1154.

Tomczak, P., 2018. Prison suicide: What happens afterwards?. London: Policy Press.

Voulgaris, A., Kose, N., Konrad, N. and Opitz-Welke, A., 2018. Prison suicide in comparison to suicide events in forensic psychiatric hospitals in Germany. Frontiers in psychiatry, 9, p.398.

Third Online Entry

Ageing in the criminal justice system

There is rapid rise in the older population in the recent years where it is also growing faster. The population aged 65 and over numbered 43.1 million in 2012 representing 7.6 million or 21% since 2002. It is expected that, by 2040, people over 65 accounts for 21% of the population and the number 85 and older is projected to triple from 5.9 million in 2012 to 14.1 million in 2040. Hence, older population is increasing demographically and socioeconomically diverse society between 2012 and 2030 (Kamalu, and Onyeozili, 2018). The U.S. Census Bureau (2012) estimates that approximately 15% of older persons are living below poverty line and there are cultural diversity in earning and maintaining wellbeing and standard of living in the society. Hence, older generation and criminal justice is a critical task for identifying the implications and making justice to the victims (Turner et al., 2018).

The older population commit crime and they need to go through criminal justice system as per the court law and legal system of the country. As per the study of criminology, mainly the people from age group 18 and 24 years are involved with criminal activities in the society. Others suggest that the rise in the aging population will cause a ‘crime wave’ of older offenders (Turner et al., 2018). In today’s senior citizens are trying to lead their lives by earnings, good standard of living and leading healthier lives. However, among the older generation, criminal activities still exist that changes the society image. Police practices and arrest policies are there for the older generations according to the criminal offence. Elder population are mostly involved with the criminal activities according with their aging and the major age group involved with the criminal activities are 18 to 24 years (Turner et al., 2018). The National Centre on Elder Abuse estimates that 1–2 million cases of elder abuse, neglect, and exploitation in the UK and there is aging population, who are involved with the criminal activities in the society including drug and substance abuse, murders, robbery and abuse (Kamalu, and Onyeozili, 2018).

Trial and issue a prison sentence is neither quickly nor easily made among the adults where aging is considered to be a crucial factor in criminal offence and justice system. Aging of the older generation, sentenced for the criminal offence in the society is a major issue, where the police officers and jailor face difficulties to manage the older generation efficiently in jail, due to increasing physical and mental health issues (Kamalu, and Onyeozili, 2018). The older generations in jail face several health issues due to low immunity power and other problems as well as some of the prisoners are suffering from mental illness and hence it becomes problematic for the jailor to handle them and manage good environment for others. Self-harm is an activity, experienced among the older prisoners with mental disability, where they try to harm themselves in the jail and it is risky for the whole court system and jurisdiction to manage the prisoners with safety and security (Turner et al., 2018). Hence, aging population and criminal justice system, is linked with each other and there is crucial, management proactive of the aging population where collaborative working practices has been developed by involving the police officers, doctors, mental counsellors and consultant, jailor and other experienced staff in Jail, so that it would be possible for the team to manage the aging population and their personal health issues (Kozhimannil et al., 2017).

Hereby, with the aging population, the crime rate is increasing over the years where the major crimes are such as murder, violence in the society, abuse, larceny, robbery, physical abuse and drug trafficking (McFarlane, 2018). With the aging population, criminal justice agencies are likely to utilize unwritten or informal policies to deal with our aging population band as a result there is variations of treating the criminal and the punishment. The police departments are efficient and they are experienced in training program, to assess the behaviour and motivators of the elder generations in the criminal system which is effective for further investigation (Kozhimannil et al., 2017). Police takes the criminals under their custody for investigation and the individuals are treated fairly irrespective of their age, race, gender and social class, where the law enforcement officials, judges, and attorneys are totally objective and impartial to their response to the public (McFarlane, 2018). Offender’s characteristics and demeanour as well as the incident characteristic may influence the police decision to arrest and community's priorities and the offender's age and gender can also influence the decision of the police officers to apprehend the suspect as per the criminal justices system. Aging population is associated with diverse problems such as sensory deprivations, mobility impairments, and memory losses and the older people may be encountered as a result of aging process. The police officers and magistrate further act rationally with the elderly offenders where their ability to take the stand, receive an impartible ruling and resent testimonial become difficult (Kozhimannil et al., 2017). Hence, as per the aging population and criminal justice system, the jurisdiction of the country as well as prison health care providers are concerned about managing health and safety at the prison and the basic health care rights of the prisoners are to access the care, right to care that is ordered and the right to a professional medical judgements under effective supervisions and control (Kozhimannil et al., 2017).

As per the discussion, the judge and magistrate as well as police officers are involved in the criminal justice system and they act rationally as per the jurisdiction and country law to all the individuals in prison, even if there are aging populations and older people in the prison (Kozhimannil et al., 2017). However, the health and social care act is implemented efficiently where the health care team and judge, the court are concerned about managing safety and security of the prisoners so that they can stay in the safe environment (Markham, 2018). The cost of the health and social care service in prison is increasing due to aging population, where they get medical support and counselling for their physical and mental illness. Hence, Mental and physical assessment, counselling services, and other programming will be necessary for supporting the aging population under the criminal justice system where Prison officials will be faced with the problem of finding suitable work and recreational activities to maintain good health and wellbeing of the individuals (Formosa, 2017).

Continue your journey with our comprehensive guide to Burden of Proof and Defences in Criminal Law.

Reference List

Formosa, M., 2017. Responding to the Active Ageing Index: Innovations in active ageing policies in Malta. Journal of Population Ageing, 10(1), pp.87-99.

Kamalu, N.C. and Onyeozili, E.C., 2018. A Critical Analysis of the'Broken Windows' Policing in New York City and Its Impact: Implications for the Criminal Justice System and the African American Community. African Journal of Criminology & Justice Studies, 11(1).

Kozhimannil, K.B., Graves, A.J., Jarlenski, M., Kennedy-Hendricks, A., Gollust, S. and Barry, C.L., 2017. Non-medical opioid use and sources of opioids among pregnant and non-pregnant reproductive-aged women. Drug and alcohol dependence, 174, pp.201-208.

Markham, A., 2018. A review following systematic principles of multisystemic therapy for antisocial behavior in adolescents aged 10–17 years. Adolescent Research Review, 3(1), pp.67-93.

McFarlane, K., 2018. Care-criminalisation: The involvement of children in out-of-home care in the New South Wales criminal justice system. Australian & New Zealand Journal of Criminology, 51(3), pp.412-433.

Turner, M., Peacock, M., Payne, S., Fletcher, A. and Froggatt, K., 2018. Ageing and dying in the contemporary neoliberal prison system: Exploring the ‘double burden’for older prisoners. Social Science & Medicine, 212, pp.161-167.