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Mental Health & Learning Disabilities in the Criminal Courts

Information for magistrates, district judges and court staff

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Box 2: Supporting communication and comprehension in court

  • Use the defendant’s name and ensure you have their attention before you begin speaking to him or her.
  • Explain in simple language and short sentences what is going to happen at each stage of court proceedings. As a general rule give one piece of information per sentence. Don’t ask, ‘do you understand?’ A ‘yes’ response or a nod does not necessarily mean the individual does understand. Instead, ask the defendant to tell you what they have understood.
  • Avoid using jargon and technical or legal terminology. If such language cannot be avoided, explain what it means and check understanding.
  • Allow extra thinking time so that the defendant can process information and consider their response before replying.
  • Offer support with reading and understanding documents in court. Being able to read a document doesn’t mean the defendant understands the content. This may still need explaining.
  • If the defendant is unable to write very well, he or she might need help in making notes of proceedings. For example, a defendant might be able to follow proceedings or take notes but not do both at the same time.
  • Allow a defendant to sit next to their advocate, carer or a family member. This can help to reduce the stress of appearing in court and enhance defendants’ participation in proceedings.
  • Ensure court documents are accessible, for example, written in ‘Easy Read’. Further information about ‘Easy Read’ can be found in Box 1: Easy Read.
  • Ensure the defendant can hear proceedings clearly. Ensure glass security screens do not impede the defendant’s ability to hear.
  • Defendants with communication and comprehension difficulties might tire more easily and need extra breaks. Such breaks should not be used as ‘explanation time’.

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