BACKGROUND This paper reports results from a total population of persons with intellectual disabilities (ID) in Western Australia arrested for the first time since 1 April 1984. It is part of a longitudinal study that 'tracked' offenders with ID through the criminal justice system over an 11-year period to compare their experiences at each stage of the justice process with a sample of the general offending population. The research draws on an analysis of the Western Australian Police Services Apprehension records and the Disability Services Commission database. METHOD The data collected provided the opportunity to calculate base rates of the probability of rearrest of offenders with ID in comparison to mainstream offenders. RESULTS The study found that people with ID had a significantly higher rate of rearrest than general population offenders and the study canvasses some possible reasons for this finding.

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Background This paper reports on court outcomes for people with an intellectual disability in comparison with other offenders. It is part of a longitudinal study where it was possible to examine all levels of the criminal justice system, that is, from arrest to court appearance and finally to conviction. The study is based on the summation of nearly 11 years of data, from 1 April 1984 to 31 December 1994. Method Using comprehensive databases, a group of offenders with intellectual disability (n = 843) was “tracked” through the criminal justice system to assess their criminal history and compare it with a cohort of general population offenders (n = 2442). Results The findings show that at the sentencing stage of the court process people with intellectual disability are treated differently from others. There was no difference between the two groups in the proportion who were convicted, that is, where a penalty was imposed by the courts. However, there were considerable disparities between groups for the types of penalties imposed. The nature of the charge does not offer an adequate explanation for this. Conclusion A crucial finding is that it appears that the initial police decision to charge seems to have an enduring, albeit indirect effect at the final stage of disposition

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We believe that we are living through an age of transition, perhaps moving towards some 'post technological' era and that this time is marked by considerable turbulence in society. Because of the place of disability within our society this era contains more than its fair share of risks to people with disabilities. Our enduring concern is about the ability of human service organisations to deliver meaningful services-to become or to remain compassionate, humane and responsive to people's needs and, in particular, to devise strategies in which research and action are closely linked. In this study we advocate a participatory research paradigm as a powerful and liberating strategy to deliver meaningful services to people with disabilities. Through the participatory process the sharing of client experiences benefits both the clients (by turning their passivity into activity) and those who deliver services to them. It is a major thesis of this paper that a new research paradigm in the field of learning disability must emerge from a clearer comprehension of the essential identity of people with a learning disability and the reality of their life experiences and situations.