Making sure d/Deaf people get justice

The criminal justice system was designed with only hearing people in mind. That means the potential for disadvantage, miscommunications and unfair treatment for d/Deaf* people at any stage of the process: dealing with the police, in courts, prisons and during probation. A lack of understanding of d/Deaf people’s actual experiences and particular challenges means the potential for injustice, argues Dr Daniel McCulloch.

The introduction of the British Sign Language Act in 2022 has compelled the criminal justice system (CJS) to become more aware of the need to provide specific support to d/Deaf people.

“The legislation around using sign language has been an important step forward, but there needs to be much greater understanding of the how the CJS works, and sometimes doesn’t work, for d/Deaf people,” said Dr Daniel McCulloch, Lecturer in Criminology and Social Policy at The Open University. “We want to improve the experience for d/Deaf people at every stage of the CJS, from the first interaction with police, to attending court hearings, spending time in prison and being released - making sure they are treated fairly and their d/Deafness doesn’t act as a disadvantage.”

The project team - which includes Laura Kelly-Corless, Senior Lecturer in Criminology at University of Central Lancashire, recognised as the leading UK scholar in the area of d/Deaf prisoners - has been involved in developing best practice for prisons in relation to d/Deaf prisoners. Open Societal Challenges funding has made it possible for new stages of work to begin towards the aim of establishing a blueprint for the most suitable support for d/Deaf people through each stage of the CJS, including both needs and legal duties for the statutory bodies involved.

In order to leverage the greatest influence and encourage change, the work includes ongoing engagement with CJS providers and institutions such as HM Prisons & Probation Service, as well with media to raise awareness of rights more widely within the Deaf community. There will also be a bank of materials setting out the experiences of d/Deaf people and the CJS and an expert network for d/Deaf prisoners.

Over time, there are plans to pursue lobbying activity with government around enhancing legislation and adding to the statutory duties of CJS agencies in relation to d/Deaf people; work to develop media-friendly video content highlighting the experience of d/Deafness and the; and develop specific materials tailored to each stage of the CJS process, whilst recognising the geographical specificities of the four nations of the UK, addressing differences in operational detail.