Human Rights and Prisons - Rethinking Crime and Punishment

Issues
In the UK, HM Chief Inspector of Prisons (2009c) detailed that there was
considerable under-reporting of disabilities within prison environments. They
also reported that those with disabilities were more likely to feel unsafe and
enjoyed less access to activities (in terms of leisure, education or work) than
other prisoners. Disability liaison officers often lacked training and support
and there was a lack of resettlement options for prisoners with disabilities.
The Inspectors also commented that, given the ageing population within
prison, disability issues were increasingly important.
In 2007, one British study found that 45% of prisoners had a borderline or full
intellectual disability (Hayes et al, 2007), with borderline intellectual disabilities
being linked to acquired brain injuries.
An Australian study on prisoners with intellectual disabilities showed that
respondents found the prison to be a very threatening environment (Green,
2002). While wanting to be accepted by other groups, these prisoners often
faced bullying, intimidation and violence by prisoners and staff. Their
problems in accessing advocates also impacted on their capacity to access
prison services, such as general health services. Prisoners with intellectual
disability also faced increased hurdles on their release. Having fewer social
networks than other prisoners, they struggled to access reasonable social
support on release.
Relatedly, a UK-based study (Talbot, 2008) also indicated that prisoners with
learning difficulties had difficulties in understanding prison information, so did
not comprehend what was expected of them. This led to increased charges of
misconduct against them. These prisoners had problems in completing forms
– this led to them missing out on family visits and exercise as well as
undermining their efforts to fulfil health or dietary requirements. Further, they
rarely accessed programmes, and spent long periods on their own with little to
do.
As yet, the author has found little recent information on Correctional practices
towards prisoners with disabilities or learning difficulties. There are ongoing
concerns about (i) the lack of data on prisoners with disabilities or learning
difficulties (ii) the availability or accessibility of suitable facilities and services
(Human Rights Commission, 2009). Currently, Corrections appears to be
addressing issues of building compliance for disability access (National Health
Committee, 2008).
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