Professor Guatam Gulati:

There is certainly a degree of suggestibility present in some people with certain disabilities. They are more likely to go along with something that has been suggested. They may not even know that it is criminal to begin with. Equally, a person with an intellectual disability, say, would not know how to assert their rights well enough to defend themselves when interacting with the criminal justice system. I can say this because we looked at the data from around the world on people with intellectual disabilities who had an interface with police officers and what that experience was like.

It does not matter which country we look at, they say they feel frightened, confused, intimidated and perplexed and have difficulties understanding what is being said to them or making their point of view known. What we need are procedural supports, accessible information and practical supports. It is something as simple as how to ask for a break or get a cup of coffee if they need a break. If an accused person is not supported at that point - and that is Article 13 of the UNCPRD - unfortunately, they are more likely to end up in prison or with a conviction. I hope that answers the Senator's point.