Introduction The current criminal justice system in Ireland perpetuates inequality and infringes upon both the dignity and rights of persons with disabilities. It is often inaccessible for those seeking justice, and challenging for both those undergoing the criminal trial process and those within the prison system. This chapter will outline how a lack of support for persons with disabilities permeates all levels of the criminal justice system and will address specific areas which require reform. Firstly, the disadvantages persons with disabilities face in the criminal trial process will be examined, focusing on the barriers in the criminal justice system, the absence of data on crime, the inconsistency in legislation and policy, and the need to provide intermediaries and interpreters. Secondly, the lack of support provided for persons with disabilities within the Irish Prison Service and the Irish Probation Service will be addressed. I.
The Criminal Trial of Persons with Disabilities
Barriers in the Criminal Justice System The criminal process, from the initial report of a crime to the criminal trial and the subsequent aftermath of said trial, presents extensive barriers and complications for persons with disabilities. Barriers challenging access to justice, clarity of procedure, and practical adjustments throughout the criminal trial process produce immense disadvantages that can be deciding factors in their legal proceedings. A common view conveyed by literature on this matter is that various common law justice systems such as Ireland, the United Kingdom, the United States, Australia, and New Zealand are founded on an adversarial process, in which the principle of orality is essential.196 Thus, with a lack of necessary accommodations and a strong reliance on vocal communication, persons with disabilities have been faced with the difficulty of presenting their arguments or accounts during trial. Furthermore, the National Disability Association highlights three specific categories of barriers that hinder persons with disabilities embedded throughout the Criminal Justice System: structural, procedural, and attitudinal barriers.197
196
National Authority and National Authority, 'Access To Justice For People With Disabilities As Victims Of Crime In Ireland | The National Disability Authority' (Nda.ie, 2021) <https://nda.ie/Publications/Justice-andSafeguarding/Access-to-Justice/Access-to-Justice-for-People-with-Disabilities-as-Victims-of-Crime-inIreland.html> accessed 22 November 2021. 197 National Authority and National Authority, 'Access To Justice For People With Disabilities As Victims Of Crime In Ireland | The National Disability Authority' (Nda.ie, 2021) <https://nda.ie/Publications/Justice-and-
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