Is criminal law fair on mentally impaired people?

Lightly mentally impaired and mentally retarded people are defined as having an IQ below 85. They make up 16% of the population, yet they go largely unnoticed and their needs are often unmet – perhaps because they can lead a largely independent life and don't tend to speak out about their difficulties. This means they are a particularly marginalised group, an issue exacerbated by a shift towards a more individualistic society which has left them exposed, facing greater responsibility with less support.

In recent years, it has become increasingly clear that this group is significantly over-represented in criminal trials. Intellectual disabilities frequently go unnoticed or aren't sufficiently accounted for at the outset of criminal proceedings. What's more, the consequences of interactions with criminal law on the lives of these people simply aren't understood well enough. This poses some serious questions: Is the criminal justice system equipped to deal fairly and appropriately with these people? Is it even the right system?

The proposed research will investigate whether it is possible to adjust the criminal law to make it more suited to the possibilities and needs of people with mental impairment, or whether a route outside criminal law is preferable. It will build on the 'Treacherously Normal' study of 2012, which suggested that the help available to juveniles with intellectual disabilities going through criminal proceedings was largely ineffectual. The ambition is to encourage the appropriate care for people going through potentially life-defining experiences and to ensure the criminal justice system is fair and fit for purpose.