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Where am I now? Lawlink > Law Reform Commission > Publications > Table 1: Offenders - Estimates of Prevalence

Report 80 (1996) - People with an Intellectual Disability and the Criminal Justice System

Table 1: Offenders - Estimates of Prevalence


1. Offenders with an Intellectual Disability: 12-13% of prison population have an intellectual disability.Source (see Select Bibliography for full citation): NSW: Hayes and McIlwain (1988) at 47.

2. Offenders with an Intellectual Disability: 5% of prisoners serving sentences longer that 12 months have an IQ less than 70.

Source (see Select Bibliography for full citation): NSW: J Gordon (1980) Research Officer, New South Wales Department of Corrective Services, personal communication with authors: Hayes and Craddock (1992) at 33.

3. Offenders with an Intellectual Disability: Of juvenile offenders, 2.1% had an IQ below 70, and 11.3% had and IQ of 70-80. Estimated 7.7% of young offenders on control orders have an intellectual disability.

Source (see Select Bibliography for full citation): NSW: New South Wales - Department of Family and Community Services (1989) at 22 (Appendix E).

4. Offenders with an Intellectual Disability: 2-20% of prisoners have an intellectual disability.

Source (see Select Bibliography for full citation): NSW: 1983 informal survey cited in New South Wales - Inter-departmental Committee on Intellectually Handicapped Adult Offenders in New South Wales Australia (1985) at 25.

5. Offenders with an Intellectual Disability: 14.2% of the sample of persons appearing before Local Courts were in the mildly intellectually disabled range of cognitive ability with a further 8.8% in the borderline intellectual disability category.

Source (see Select Bibliography for full citation): NSW: New South Wales Law Reform Commission RR4 (1993).

6. Offenders with an Intellectual Disability: 36% of the sample of persons appearing before Local Courts were in the mildly intellectually disabled range of cognitive ability with a further 20.9% in the borderline intellectual disability category.

Source (see Select Bibliography for full citation): NSW: New South Wales Law Reform Commission RR5 (1996).

7. Offenders with an Intellectual Disability: 3-4% of prison population have an IQ below 69.

Source (see Select Bibliography for full citation): Victoria: Bodna (1987) at 21.

8. Offenders with an Intellectual Disability: At least 2-3% of juvenile offenders surveyed between 1984 and 1986 had an IQ below 69.

Source (see Select Bibliography for full citation): Victoria: Bodna (1987) at 18 and 19.

9. Offenders with an Intellectual Disability: At least 1.3% of prison population has an intellectual disability.

Source (see Select Bibliography for full citation): WA: Fitzgerald and Downs-Stoney (1987).

10. Offenders with an Intellectual Disability: 1.17% of prison population is intellectually disabled.

Source (see Select Bibliography for full citation): WA: Jones and Coombes (1990) at 27.

11. Offenders with an Intellectual Disability: 0.5% of offenders coming before the lower and higher courts have an intellectual disability.

Source (see Select Bibliography for full citation): WA: Jones and Coombes(1990) at 4.

12. Offenders with an Intellectual Disability: 50-80 clients of intellectual disability services charged each year with a criminal offence.

Source (see Select Bibliography for full citation): WA: G Jones "Doing something positive: Developments in Western Australia" in Challinger (ed) (1987) 129 at 131.

13. Offenders with an Intellectual Disability: A range of 2.6-24.3% of prisoners across various States have an intellectual disability, with a national average of 9.5% with an IQ below 70, and 1.6% with an IQ belwo 55.

Source (see Select Bibliography for full citation): USA: Brown and Courtless (1971) at 29-31.

14. Offenders with an Intellectual Disability: On average 2% or 6.2%, depending upon the testing method utilised, of prisoners across various States have an intellectual disability.

Source (see Select Bibliography for full citation): USA: Denkowski and Denkowski (19850 at 59-62.

15. Offenders with an Intellectual Disability: 40% of prison population have an IQ below 86.

Source (see Select Bibliography for full citation): USA: R March, C Friel and V Eissler "The adult MR in the criminal justice system" (1975) cited in Russell and Bryant (1987) at 54.

16. Offenders with an Intellectual Disability: 13% of male and 17% of female admissions to a juvenile offender service in Texas had an IQ below 70.

Source (see Select Bibliography for full citation): USA: D Kirkpatrick and J Haskins The Mentally Retarded Youthful Offender: A Preliminary Statistical Summary (1971) cited in Hayes and Craddock (1992) at 38.

17. Offenders with an Intellectual Disability: 9% of suspects at police station had an IQ below 70 and a further 42% had an IQ scores between 70 and 79.

Source (see Select Bibliography for full citation): UK: Gudjonsson, Clare, Rutter and Pearse (1993).

18. Offenders with an Intellectual Disability: 10% of prison population has an intellectual disability.

Source (see Select Bibliography for full citation): Denmark: B Svendsen and J Werner "Offenders within ordinary services for the mentally retarded in Denmark" cited in Hayes and Craddock (1992) at 32.

19. Offenders with an Intellectual Disability: 3.4-30% of juvenile offenders have an intellectual disability as compared with 1.86% of children with an intellectual disability receiving special education (from a review of various surveys).

Source (see Select Bibliography for full citation): D Murphy "The prevalence of handicapped conditions among juvenile delinquents" (1986) cited in Hayes and Craddock (1992) at 39.

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