Towards inclusionary policing: a critical inquiry into the pre-trial treatment of suspects with intellectual disabilities in Ireland

Abstract

PurposeThis paper aims to critically evaluate contemporary Irish police practice, with an emphasis on emergent procedural innovations, in light of the needs of suspects with intellectual disabilities.Design/methodology/approachA review of published prevalence data in respect of people with intellectual disabilities in the Irish criminal justice system, of the Irish legal and policy landscape and the results of a recent empirical inquiry are used in critical evaluation.FindingsIn line with extant international research, the article identifies three sites of concern with respect to the protocols that exist within An Garda Síochána for identifying and responding to intellectual disability, including: (1) barriers to communication; (2) a need to build awareness and skills for police and persons with intellectual disabilities; and (3) a need for institutional change to secure equal access to justice for people with intellectual disabilities. Progress is being made at a systems level towards a human rights approach in Irish policing.Originality/valueIn representing the first international analysis of its kind, the article locates the barriers confronting suspects with intellectual disabilities in Ireland within a discourse that is sensitive to ongoing research-led, procedural reforms within An Garda Síochána (Ireland's national police service). Owing to the universalised nature of these barriers across policing systems internationally, the format of these reforms from this will be of relevance to many other policing states, in particular the 162 other signatories to the United Nations Convention on the Rights of People with Disabilities.

Police contact with individuals with intellectual or developmental disabilities: a special issue introduction

“…To examine how police might influence the production of evidence for individuals with I/ DD, one of the articles in this special issue focuses specifically on the pre-trial phase when police produce evidence for cases by gathering information during police interviews with victims and suspects. In this special issue, authors Cusack et al (2022) found that people with intellectual disabilities encounter cognitive and communicative difficulties during their interviews with police, due to what the authors called their "psychological vulnerabilities". They explain that forensic questioning, done without accommodation for people with I/DD, can yield false confessions due to leading questions and stressful conditions that lead to increased anxiety for the individual.…”