New report reveals higher number of people with a brain injury in the criminal justice system
A new report has revealed that the number of people with brain injuries is five times higher within the criminal justice system
NR Times speaks to Chloe Hayward, the UKABIF Director and Gemma Buckland, the Director of Do it Justice, about what the report means and what happens next.
The United Kingdom Acquired Brain Injury Forum (UKABIF) and the Criminal Justice Acquired Brain Injury Interest Group (CJABIIG) have welcomed a report by the Criminal Justice Inspectorates. The report examined their evidence of neurodiversity within the criminal justice system.
Revealing research
The research shows that the number of people with brain injuries is five times higher within the criminal justice system compared to those in the general population. There are many factors that can contribute to this for both adults and adolescents.
Gemma highlights that there can be difficulties with emotional regulation and impairments to cognitive functioning that means those with acquired brain injuries may struggle to moderate their behaviour.
“Young adults who are involved in the criminal justice system are still going through a distinct period of brain development. They are likely to have less emotional temperance where they are able to regulate their own behaviour. Those skills around emotional regulation come in at quite a late stage and can continue to the late 20s. If someone has an acquired brain injury then they are less likely to be able to modulate those behaviours.”
She adds: “Young adults with ABI may be more violent and have a higher risk of suicide. They may be more influenced by their peers at that age. Someone with a brain injury may be more susceptible to that because they cannot undertake the thinking processes that may need in order not to engage in that behaviour.”
Trauma in the form of violence, abuse, poor parental attachment, bereavement or siblings involved in the justice system can also compound the lack of maturity. Once they are in the system, it can be difficult to understand what is happening and also, adhere to the rules of conduct. Which can be distressing and also lead to further punishment or a return to the justice system post-release.
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Change
Both UKABIF and The Group hope that the report will lead to change in how neurodiversity is handled by the criminal justice system. Chloe outlines that among the most important changes that need to be instigated are training and screening.
“The key things we have been pressing for are screening and training. We don’t know how many people in the system have an acquired brain injury. There are a couple of questions that are asked to people when they enter the criminal justice system but that information is often not shared because of confidentiality,” she says.
“We need to make sure that all of the people across the justice system know what this is about. There are a lot of different parts to this like judges, police officers, magistrates who need to have an understanding because it’s a hidden disability. It’s something going on inside you that you have to deal with and often people don’t know themselves. It could be from a concussion you had as a teenager from an assault.”
It may not be from trauma or an injury sustained before young adults with ABI enter into the system. There is currently no research into how many brain injuries are acquired as a result of violence, assault or self-harm in prisons. Both Gemma and Chloe confirm that this is an area that could benefit from more research.
Criminal justice system resources
Gemma adds that an action plan is due but will depend on resources. “The Secretary of State is very keen on this agenda but there aren’t any resources yet to make it happen. An action plan will need to be produced within the next three months. There will need to be decisions made by the Treasury as to what to invest in so it may mean that in the short term, things need to happen with existing resources.”
“It would be easier to have a blanket approach or guidance across the criminal justice system as to what adjustments should be made for people who are known to have an acquired brain injury. This should include having more flexibility and understanding on the part of the practitioners involved that challenging behaviour may have an underlying reason for it.”
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