Challenges and Adaptations: Navigating the Criminal Justice System for People with Disabilities under the Equality Act of 2010

In the UK, the Equality Act of 2010 replaced a number of different pieces of discrimination legislation and established the primary piece of domestic law for protecting the rights of disabled people (Evennett, 2022). The goals of this act in the UK, which includes Wales and England, are protecting people from discrimination as well as promoting equality. Disability is one of the nine protected qualities under this act. Additionally, according to the Equality Act of 2010, an individual engages in discriminatory behaviour against a disabled individual if they treat them unfairly due to an issue resulting from their disability and they are not able to demonstrate that the treatment is a reasonable way to accomplish a lawful goal (Evennett, 2022). Even though the Equality Act of 2010 does not directly address the criminal court system, its provisions on disabilities have an impact on how the courts function and how people with disabilities take part in the legal system (Reasonable Access, 2022).

As specified by Section 20 of the Equality Act of 2010, reasonable adjustments must be made to confirm that people with disabilities do not face a significant disadvantage in comparison to people without disabilities related to public services and functions, work, associations, education, as well as premises (Evennett, 2022). It is not bias or favouritism to make reasonable adjustments for disabled individuals’ needs; it is a way to recognize individual differences and contribute to create an equal environment for them. The emphasis has to be on taking steps to eliminate any needless participation barriers (Equal Treatment Bench Book, 2021). Service providers, especially governmental organizations such as courts, are required by the Equality Act of 2010 to offer reasonable adjustments for ensuring accessibility for those individuals with disabilities (Reasonable Access, 2022). It implies that they have a duty to provide reasonable adjustments for people with disabilities and make court premises, practices, and policies as accessible as possible.

Reasonable adjustments might be required at any point, not only at the trial or hearing stage. To meet the needs of disabled jurors, eyewitnesses, or victims, the criminal court process might need to make adjustments to processes, provide auxiliary aids or services, or adapt court buildings (Government Equalities Office, 2022). People with disabilities might not be as vocal about their needs as they would be in places where they have representation. When necessary, disabled individuals who do not speak English as their first language must be given access to interpreters (Equal Treatment Bench Book, 2021). In order to ensure that people with disabilities can fully engage in judicial procedures, this involves providing them with access to wheelchair ramps, court buildings, adapted toilets, lifts, car parking spaces, and other accommodations (Disability Rights UK, 2022).

Furthermore, reasonable adjustments under the Equality Act of 2010 also state that disabled individuals must be provided with legal papers in large print, guidance in easy-to-read or audio form, the availability of hearing enhancement systems in every tribunal and court building, and a separate waiting area (Gov.UK, 2018). In addition to this, judges must be dedicated to ensuring a fair trial and allowing all parties to present their best evidence. The court employees, advocates, and judges may need to modify their communication style based on the type of disability (Equal Treatment Bench Book, 2021). The tribunal panel or the judge must evaluate and manage each person with a disability on an individual basis to consider their particular needs and take the necessary action. Failing to do so could lead to an appeal rejecting the court's decision. Moreover, if a disabled witness or a party is not able to leave their home and an audio hearing or remote video is unavailable, a visit to the person’s home may be allowed under the Equality Act of 2010's reasonable adjustments (Equal Treatment Bench Book, 2021). If there are issues with the time or date of the hearing, arrangements must be made for the witness to provide evidence and be questioned over the phone or through a video link at a different time before the hearing.

Even with all these legislative protections, disabled people may face barriers while engaging with the criminal justice system. Even with accessible, reasonable adjustments, disabled people with communication problems may find it difficult to take part in court processes in an effective way. Before the court hearing, a person with disabilities may experience challenges with or understanding or reading paperwork, trouble hearing over the phone, low stamina, a low ability to handle stress because of continuous pain, difficulty meeting several deadlines in a short period of time, health issues, struggling to access voluntary sector support because of mobility problems, and trouble waiting in line (Equal Treatment Bench Book, 2021).

On the other hand, at a court hearing, a person with disabilities may experience challenges with mobility issues like difficulty accessing the toilets or buildings, physical uneasiness inside the courtroom, such as seating arrangements, room temperature, or managing large trial documents, hearing problems like listening to the lawyers and judges, or noise due to open windows or air conditioners (Equal Treatment Bench Book, 2021). A disabled individual may also face other barriers during the court hearing, like pain or tiredness due to the disability; side effects of medicines such as medicine taken in the morning wearing off after some time; or a higher dosage with more side effects (Equal Treatment Bench Book, 2021). The symptoms may worsen as a result of hearing stress. Attending a hearing becomes completely impossible for some disabled people due to certain disabilities.

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