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29 July 2022 / Dr Jon Robins
Issue: 7989 / Categories: Opinion , Criminal , Constitutional law , Human rights
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Neurodiversity & a shocking litany of wrongful convictions

89111
The justice system cruelly stacks the odds against the neurodivergent, says Jon Robins

As many as one in four prisoners in Britain could have attention deficit hyperactivity disorder (ADHD), according to a report published by the charity, ADHD Foundation last month. The group argues ADHD is ‘critically under-diagnosed’ and, if managed properly, could lead to a reduction in criminality of 32% for men and 41% for women. The research is the latest in a series of studies drawing attention to how little understood, in terms of implications for the criminal justice system (CJS), are the conditions that fall under the broad umbrella of ‘neurodiversity’.

A major study by three criminal justice inspectorates published last year estimated that as many as half of all people going into prison could be neurodivergent. ‘We were struck by the number of times the word “difficult” was used in evidence,’ wrote Charlie Taylor, Justin Russell and Sir Thomas Winsor, chief inspectors of prisons, probation and constabulary respectively. They went on to reflect: ‘It would perhaps be more useful to reflect

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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