Prevalence of intellectual disability in local courts

Abstract

Research has established that people with intellectual disabilities are overrepresented amongst samples of suspects being interviewed by police, and in prison populations in many Western jurisdictions. This study examined the prevalence of intellectual disability at a different stage of the criminal justice system, amongst cohorts of persons accused of criminal offences and appearing before local courts in New South Wales. Volunteer participants were obtained from six courts in both rural and urban areas. Participants were screened using the Matrices section of the Kaufman Brief Intelligence Test which is a non-verbal, untimed test of fluid intelligence, and the Mini-Mental State Examination (MSE); in addition, demographic data were obtained. People with intellectual disabilities, especially Aboriginal people living in rural areas, were found to be overrepresented in local court appearances. Moreover, a significant proportion of the sample was below the cut-off score on the MSE indicating the need for further mental state examination. The results of this research have important implications for law reform, and for the development of policies safeguarding the rights of people with intellectual disabilities in the criminal justice system. The study also indicates the need for further research into the provision of services for people with intellectual disability in indigenous populations, in order to address behaviours which may cause them to come into contact with the criminal justice system.