Are we getting through? Criminal justice communication

Speech, language and communication needs (“SLCN”) affect a person’s ability to understand, listen to and communicate with others. Common features of SLCN include difficulty with speech, difficulty understanding words and sentences, difficulty listening and paying attention, and difficulty answering questions. SLCN may also affect social communication, impacting on the use and understanding of sarcasm, body language, social cues, and emotion.

Difficulties can present in one or all of these areas, occurring in isolation as a result of trauma or injury, or alongside neurodevelopmental conditions such as autism and developmental language disorder. Although SLCN commonly develop in childhood, they often persist into adulthood. SLCN are also often a hidden disability, as they are difficult to detect by untrained professionals.

People with SLCN often find ways of masking their difficulties to avoid feelings of embarrassment or shame. Identifying, assessing, and supporting SLCN fall within the professional remit of speech and language therapists (“SLTs”), who are currently minimally utilised within the justice system, despite research demonstrating the benefit of their involvement and consistent recommendations to increase their provision within the system (Holland et al, 2023).

Effects of the system

UK studies estimate that 60% of the youth offending population has SLCN (Gregory and Bryan, 2011), six times that of the general population (Norbury et al, 2016). While the exact prevalence of SLCN within the adult justice system is uncertain, there is evidence of an above average prevalence rate (Iredale et al, 2011). Such a high prevalence would suggest that many Scottish lawyers are likely to have encountered and supported a person with SLCN through the justice system.

Our justice system places significant demands on a person’s speech, language and communication capabilities, even without any added SLCN. Police interviews and criminal trials often require the ability to comprehend, retain and respond to a variety of interchanging registers, complex questioning styles and legal jargon from multiple professionals in high-pressure environments (Sowerbutts, 2021). Individuals in contact with the law have noted that disengagement from the justice process is often easier than attempting to seek clarification for terms they don’t understand (Iredale et al, 2011).

Difficulties articulating a story or recalling an event in a logical and ordered manner can also have profound effects on justice outcomes (Holland et al, 2023). Social communication difficulties can affect how the accused is perceived by the police or in the courtroom, often being misinterpreted as apathy, boredom and/or disregard for the process (Snow and Powell, 2004). Consequently, people with SLCN can be at a disadvantage when interacting with the justice system. The risks of misunderstanding one’s rights, false admissions, misunderstanding sentencing, and failing to comply with the rules and procedures of the justice system have all been shown to increase for people with SLCN, as may the likelihood of conviction also (Holland et al, 2023). With SLCN being difficult to detect, not always disclosed or frequently masked, and the reported lack of support provision in this area, people with SLCN may not have fair and equal representation within the justice system.

It is therefore essential to gain insight into Scottish lawyers’ understanding and experience of SLCN, current barriers people with SLCN face in justice settings, any potential adaptations to the justice system that could be made, and any consensus on further integration of SLTs within the justice system. A questionnaire was sent via email to lawyers in Scotland and was available online between December 2022 and February 2023. Twenty six currently practising lawyers who work predominantly with adults responded. While the number of respondents was small, the data garnered useful insights and can potentially serve as a baseline for any future research into this area.

Study findings

Most respondents reported frequent encounters with clients who have features of SLCN, such as difficulty understanding words and sentences and difficulty listening and paying attention. This experience seemed to have promoted some awareness and knowledge of SLCN, resulting in most respondents being able to produce an accurate description of the term, such as “people who have difficulty understanding oral or written communications and expressing themselves”. Comorbid conditions such as “learning disability” or “autism” were mentioned frequently in SLCN descriptions. While SLCN can co-occur with these conditions, the speech and language therapist’s primary focus is on describing the speech, language or social communication strengths and needs, and supporting identified needs, rather than the aetiology of SLCN or co-occurring diagnosed conditions.

It was encouraging that many respondents noted useful, practical strategies which they used to help facilitate communication, in turn supporting their clients with SLCN to have further autonomy over their legal case. These included simplifying and adapting complex legal jargon, asking questions to ensure understanding, reframing advice, and modifying the environment to reduce distractions and stress.

In contrast to similar studies (Clark and Fitzsimons, 2018; Macrae and Clark, 2020; Mullaley, 2022), no respondents had experience of referring their clients to speech and language therapy services. The majority of respondents did, however, believe that SLTs can provide a valuable service in the justice system in the form of assisting clients and legal professionals to mitigate SLCN difficulties and facilitate understanding and communication.

Two of the 26 respondents had received specific SLCN training, and only a slim majority expressed interest in receiving SLCN training. However, respondents also noted the high level of responsibility that lawyers, in addition to social workers and police officers, hold over the identification and management of SLCN in the justice system. This is in conjunction with most respondents stating that further support, in the form of modification to the legal process, is required for people with SLCN. Many respondents expressed that while further support may be required, there were serious concerns regarding the feasibility of implementing any meaningful change to supporting people with SLCN in the justice system. Many concerns stemmed from the rigidity of the system and the current dearth of monetary resources and time to provide such modifications.

Unmet need

The data highlighted some serious concerns from Scottish lawyers regarding the support available not only to people with SLCN in the justice system, but also to the lawyers supporting them. One stated: “Criminal defence work is very challenging. Most of our clients have complex needs and we are often trying to communicate in very difficult and stressful circumstances and in dreadful environments.” With the impact that SLCN can have on access to justice, there is a significant need for integration of SLTs within justice settings.

SLTs are well placed to occupy a consultative role within the justice system, being called on by lawyers and other justice system professionals to provide advice and support when necessary, using a tiered model of service provision, such as that described in Snow et al (2015). This would ideally run alongside providing training and coaching sessions to lawyers to build confidence on how and when to refer SLT services. SLTs are also able to provide support for individuals in environments identified as high risk of communication breakdown, such as police interviews and the courtroom. Individual lawyers are able to contact their local adult or paediatric SLT services if they are concerned about a client’s communication abilities. Contact details are to be found on local NHS websites.

Valid concerns were raised regarding the feasibility of integrating a further service into a resource constrained system. However, the unmet need of SLCN within the justice system is evidently putting strain on the professionals working in the system. Many respondents stated that their job would be easier if more SLCN support was provided for their clients. While such changes would require funding and collaboration of multiple services, the results of our study clearly highlight the need for change.

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Awareness of and support for speech, language and communication needs in Children’s Hearings

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Speech and language therapy intervention with a group of persistent and prolific young offenders in a non-custodial setting with previously undiagnosed speech, language and communication difficulties

Holland, C, Hutchinson, P, and Peacock, D (2023).
The importance of screening for speech, language and communication needs (SLCN) in police custody

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Macrae, A, and Clark, A (2020). Police officers’ awareness of the speech, language and communication needs of young offenders

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Sowerbutts, A, Eaton-Rosen, E, Bryan, K, and Beeke, S (2021). Supporting Young Offenders to Communicate in the Youth Justice System: A Scoping Review