The Irish Probation Service

acquired brain injuries, deaf people, and the visually impaired.222

The report found that prisoners with disabilities experienced isolation in cells, limited availability of information on prison services, and limited opportunities to communicate with peers and family members.

223

The general trends which emerged from the report included that prisoners with disabilities face hurdles navigating prison services and that they are being denied specific accessibility aids.

224

Recommendations included in the report concerned access to adequate information on rights, regimes, and complaint systems in prisons.

225

The recommendations also concerned access to single-cell accommodation, continuity of care between community and prison, and the indefinite banning of solitary confinement.

226

The Executive Director of the IPRT stressed that people with disabilities in prison must have access to the entire physical prison environment on an equal basis with other prisoners.

227

III. The Irish Probation Service

The Probation Service is a state agency within the Department of Justice and Equality which works with offenders to reduce offending and make communities safer.

228

The Probation Service assesses offenders for the criminal courts and presents the court with a report.

229

Like within the Irish prison system, people with disabilities going through the Probation Service process also face substantial hurdles. For example, issues have been raised regarding the impact of professional practices on people with learning difficulties in the criminal justice system.

230

Additionally, recent research has found that the prevalence of mental health problems and

222 Irish Penal Reform Trust, Making Rights Real for People with Disabilities in Prison (2020) <https://www.iprt.ie/site/assets/files/6611/people_with_disabilities_in_prison.pdf> accessed 20 November 2022. 223 Noel Baker, ‘Prisoners with disabilities feel they are being ‘punished’ because of their condition, report finds’ Irish Examiner (Dublin, 15 January 2020) available at: <https://www.irishexaminer.com/news/arid30975676.html> accessed 20 Nov 2021. 224 Noel Baker, ‘Prisoners with disabilities feel they are being ‘punished’ because of their condition, report finds’ Irish Examiner (Dublin, 15 January 2020) available at: <https://www.irishexaminer.com/news/arid30975676.html> accessed 20 Nov 2021. 225 Irish Penal Reform Trust, Making Rights Real for People with Disabilities in Prison (2020) <https://www.iprt.ie/site/assets/files/6611/people_with_disabilities_in_prison.pdf> accessed 10 January 2022. 226 Irish Penal Reform Trust, Making Rights Real for People with Disabilities in Prison (2020) <https://www.iprt.ie/site/assets/files/6611/people_with_disabilities_in_prison.pdf> accessed 10 January 2022. 227 Noel Baker, ‘Prisoners with disabilities feel they are being ‘punished’ because of their condition, report finds’ Irish Examiner (Dublin, 15 January 2020). 228 Citizens Information, ‘Probation Service’ (Citizens Information, 21 April 2020) <https://www.citizensinformation.ie/en/justice/probation_and_welfare_services/probation_service.html> accessed 20 November 2021. 229 Citizens Information, ‘Probation Service’ (Citizens Information, 21 April 2020) <https://www.citizensinformation.ie/en/justice/probation_and_welfare_services/probation_service.html> accessed 20 November 2021. 230 David Denney, ‘People with Learning Difficulties and Criminal Justice – A Role for the Probation Service’ (1998) 45(4) Probation Journal 194.

mental disorders among people under Probation Service supervision is significantly higher than the general population.

231

A stark statistical example shows that at least 40% of adults on a Probation Service supervision order, compared to 18.5% of the general population, present with symptoms indicative of at least one mental health problem.

232

The report found that there are significant unmet psychological and psychiatric needs among persons subject to Probation supervision, and limited Mental Health Service engagement.

233

The findings demonstrate the high prevalence of ‘invisible’ disabilities among people under Probation Service supervision, such as psychotic disorders. In 2015, Mental Health Reform highlighted ongoing concerns regarding unmet need for mental health services for individuals falling within the remit of the Criminal Justice System, however many of their recommendations remain unimplemented.

234

Conclusion

In conclusion, it is clear that there remains significant barriers within the criminal justice system for persons with disabilities, from the trial process to prison service and probation service. The needs of persons with disabilities are not currently adequately catered for across all aspects of the criminal justice system, and this necessitates substantial reform. There is a pressing need for effective research and data collection within this field, adoption of inclusive practices within current services and introduction of effective and appropriate support mechanisms across all facets of the criminal justice system. The protection of the rights of persons with disabilities within the criminal justice system demands further concentrated efforts, particularly in the form of policy and provision of support services, in order to be more fully realised.

231 The Probation Service, ‘Moving Forward Together: Mental Health Among Persons Supervised by the Probation Service’ (Probation Service Research Report, 4 March 2021). 232 The Probation Service, ‘Moving Forward Together: Mental Health Among Persons Supervised by the Probation Service’ (Probation Service Research Report, 4 March 2021), 5. 233 The Probation Service, ‘Moving Forward Together: Mental Health Among Persons Supervised by the Probation Service’ (Probation Service Research Report, 4 March 2021) , 6. 234 Mental Health Reform, ‘A Vision for Change Nine Years On: A coalition analysis of progress’ (Mental Health Reform, 2015) <https://www.mentalhealthreform.ie/wp-content/uploads/2015/06/A-Vision-for-Changeweb.pdf> accessed 20 November 2021.