Research shows that neurodivergent people are over-represented in the prison population*. The same is true for people with mental health conditions**.
Clients who are neurodivergent and/or have mental health conditions require a tailored approach at every stage of their journey through the criminal justice system.
Some clients enter the criminal justice system having not yet received a formal diagnosis. These clients are particularly vulnerable, and it is vital that their advocate has the necessary knowledge to identify when an expert assessment is appropriate.
Our team of specialist advocates have the expertise to deliver representation which responds to the unique demands of each case and often includes:
- Adapting communication styles in conference and making evidence accessible to the client
- Applying for a defendant’s evidence direction or other accommodations in court
- Exploring the interplay between a mental health condition or disability and offending
- The relationship between mental health treatment (including CTOs and detention under the Mental Health Act 1983) and the criminal justice system.
Our team members are also frequently appointed by the court under s38 of the Youth Justice and Criminal Evidence Act 1999 and s4A of the Criminal Procedure (Insanity) Act 1964. Acting in either of these roles gives rise to a very specific relationship between the advocate and the defendant, as well as the court. We have a wealth of experience and expertise in these areas, enabling us to discharge our duties fairly and effectively.
* Various studies estimate that between 15 and 50% of the prison population are neurodivergent.
** For example, the Safety in Custody statistics published by the MoJ on 31 October 2024 state that in the 12 months to June 2024, the rate of self-harm was 876 incidents per 1,000 prisoners.
