Communication Barriers in the Criminal Courts of England and Wales: Experiences of Defendants with Mental Health Conditions or Learning Disabilities

In recent years, the need to provide communication support for defendants with mental health conditions or learning disabilities in criminal cases has received increased attention in international, regional and domestic law. However, defendants in England and Wales have inconsistent access to this type of support. Furthermore, limited empirical research has examined this category of defendants’ experiences and the barriers that hinder their access to communication support in criminal court proceedings. This paper addresses this gap by investigating the experiences of former defendants in England and Wales and analysing the findings from a human rights perspective. Drawing on telephone and group interviews, it examines the extent to which these individuals accessed communication support and the barriers they encountered. Most participants reported receiving no communication support to help them understand what was happening or being said in court. Five key barriers were identified: professional knowledge gaps; stigma and discrimination; absence of a formal diagnosis; the speed of court proceedings; and inequalities in statutory provisions. Addressing these barriers is essential not only for ensuring equal access to justice in criminal courts in England and Wales but also for advancing the broader principles of inclusion and disability rights in legal systems worldwide.