Criminology and Jury Service
A while ago, I drafted an article for Dyslexic Voice on courts and reasonable adjustments. This was due to my partner being assigned to jury duty. This put me on the path to asking the High and Sheriff Court in Edinburgh about reasonable adjustments for jury duty. This was an excellent question, and no one had the answer. Now, as a neurodiverse person, I know all too well that there is no one-size-fits-all solution. Under the Equality Act of 2010, you are entitled to reasonable adjustments as a legal duty. However, the term “reasonable adjustment” is like asking, “How long is a piece of string?” What sort of string do you require? It could be thick or thin. Do you need a butcher’s string for wrapping meat, or something stronger? According to the Judicial Appointments Commission, reasonable adjustments are changes to physical surroundings or working practices that remove a disadvantage or barrier that a person with a disability or long-term health condition may otherwise encounter.
In my spare time, I have tried to find studies on dyslexia within court settings. I can download PDFs on dyslexia in education and the criminal justice system, neurodiversity, and employment tribunals, as well as dyslexia, courts, and reasonable adjustments. However, I cannot find anything on the lived experiences of dyslexia in the court system. Does anyone know of such a study? I have looked up the government website on reasonable adjustments, and they have a list:
Government Guidelines on Reasonable Adjustments
- Providing forms in large print. This is cool, but the question remains: Is it in a dyslexic-friendly format that suits you?
- Providing guidance in audio or simple reading. This is great. I have many devices such as a GDPR scanning pen that will read text to me. Am I allowed to use them in a court setting for jury duty?
- Making sure hearing enhancement systems are available in every court and tribunal building. Deaf people can contribute to any jury service and be discriminated against if not accommodated.
- Providing a separate waiting area. A quiet area is good for mental health, as well as for people with autism and attention deficit hyperactivity disorder (ADHD). It also brings into question whether they allowed ear defenders such as dBubs as auditory overload through the environment will increase stress and anxiety.
- Ensuring ramps and lifts are available. Disabilities come in many shapes and forms and should not stop anyone from doing their civil duty.
Jury Citation Arrives
An important letter arrives through the door: I have been called up for jury duty. I followed the instructions given to respond to my citation. I know people dread this letter and wonder how they are going to avoid their civil duty. People can apply for an exemption. There are perfectly reasonable reasons why you cannot attend. Maybe you are giving a lecture in Australia, people are entitled to their holidays, or you have a medical condition. I look forward to attending jury duty as a student criminologist. I get to see how a court works. There is one problem, however: I am dyslexic/dyspraxic. I need to find some reasonable adjustments to aid me. I know all the electronic devices which help me in education and everyday life. One is the use of Google Calendar; having dates and times of meetings is essential, especially if I need to travel. I cannot simply jump in the car and go to my destination; I need to plan the bus route or ask a friend to drive me around like the Queen. Another part is getting my bearings. I need a bit of extra help finding where I need to go. I have a sunflower lanyard for this, which has proven helpful in the past. I got lost in an airport once.
Working Memory and Dyslexia
My good friend Dr Martin Bloomfield who runs dyslexia bytes talks brilliantly about working memory. He says to imagine you have a little personal security guard in your head putting everything in order. Another problem with being dyslexic is my little personal security guard has broken down. I can be in the middle of doing things and completely forget the next step. The goldfish swimming in my head decides it has a better idea. This makes note-taking frustrating while studying. I know some people like to doodle while listening to lectures. People may think they are daydreaming and start asking questions. They are surprised to find the person is listening to them the whole time and can repeat back the lecture. Some people colour-code their notes and tick off lists as they go through them. I have tried many ways to take notes, usually a disaster as I cannot read my handwriting. I wonder what on earth I was trying to spell and end up wondering what the whole conversation was about in the first place. However, I have the answer in assistive technology. Oh, the joy of using products such as Glean, Ed Caption, Jam Works, and simple note-taking apps. Just one slight snag: I am not allowed to take my phone into a court setting. Can I have this as a reasonable adjustment?
I also have a device to aid me in finding my way around. I have used this when attending NHS appointments, and I know that nursing staff are also privileged in using the same technology. This technology was originally developed for blind and visually impaired people. I wonder if they are allowed to use this technology within the court system. As I use my technology I decide to find out if it is a reasonable adjustment within Jury service, I first try emailing them. I typed in the email address and drafted my email. Shock horror, it was returned saying undelivered. I might have spelled something incorrectly being dyslexic. I tried phoning the number provided and only received instructions on what to do if it was my citation week. I looked up the website, and there are videos on reasonable adjustments for deaf and blind people, but nothing for neurodiversity. In frustration, I jumped on a bus and went to court to ask about reasonable adjustments. The staff were helpful but had no answers. (I am the first person to approach this subject.) They asked me to email all the reasonable adjustments I would request as a juror.
The Outcome
I was happy to email my requests for reasonable adjustments to the court service with links for them to investigate the assistive technology of which I am talking. I was not expecting a quick answer, and it had given the courts and myself plenty of time to investigate the subject. Firstly, I asked to use my device, which aids me in navigating the NHS as it is GDPR-friendly and does not require Wi-Fi. If I need to do reading within a court setting, can I use a Scan Marker pen or a GDPR-friendly C-Pen? Finally, what electronic note-taking software can I use while the trial is taking place if I am picked? I finally have my answer: for legal reasons, I am not allowed to use any electronic devices, as they feel that they could be made available to third parties with extremely sensitive information. I have read enough about corruption in courts. There are many movies on the subject, such as “Runaway Jury.” I am not sure why my devices, which are GDPR-friendly, have also been banned from aiding me. Maybe it is the lack of knowledge about assistive technology and aiding an individual with their needs. It could also be that there is no research into hard facts about using assistive technology in a court setting. After all, I didn’t know about all the benefits until I became a blogger and was asked to try out various software available. As an Open University student now, assistive technology aids me in my education and much more in my daily life. It is a work in progress, and hopefully, it will be implemented that some assistive software will be available for neurodiverse people to use in a court setting as a reasonable adjustment.
https://www.pa.web.scotcourts.gov.uk/about-us/support-and-reasonable-adjustments