Sentencing guidelines provide ‘perfect opportunity to address brain injury’, says Headway

“For too long, the effects of brain injury have not been considered by the criminal justice system despite studies showing that up to 60% of prisoners have a history of traumatic brain injury, with some studies identifying even higher rates among female prisoners,” said Luke.

“When you consider some of the effects of brain injury, such as disinhibition, impulsivity, difficulties processing or retaining information, and many others it is easy to understand how a disproportionately high number of brain injury survivors come into contact with the criminal justice system.

“As the government has acknowledged, sentencing must be about rehabilitation as well as incarceration.

The charity welcomes aspects of recent sentencing reform discussions, including recognition of the need for tailored approaches to offenders with complex vulnerabilities. However, concerns remain that brain injury, a clinically evidenced but complex and often hidden condition, remains largely overlooked in both policy and practice.

Even with evidence of up to 60% of people in prison with a history of Traumatic Brain Injury (TBI), there is no formal requirement within the justice system to identify or support individuals living with brain injury, placing them at risk of being misunderstood, mismanaged, or unfairly sentenced.

Chris Marriott, Headway’s Justice Programme Manager, said:

“The proposed Sentencing Guidelines (Pre-sentence Reports) Bill, which seeks to remove references to specific cohorts in sentencing guidance, risks silencing the very evidence-based prompts that help identify those with hidden vulnerabilities like brain injury.

“While we support moves toward a more individualised approach to sentencing, courts cannot consider what they don’t know.

“Right now, brain injury is going unnoticed far too often – particularly in certain cohorts with a statistical over-representation of brain injury, including young men, and women who have been victims of domestic abuse.

“Brain injury is a clinical condition that directly affects behaviour and decision-making. It is vital that screening is improved to better identify brain injury among vulnerable groups.

Headway is calling on the government to formally recognise and invest in programmes designed to increase awareness and understanding of brain injury among professionals working within the criminal justice system.

Headway's Justice Programme is UK-wide initiative that works with agencies and institutions including prisons, probation teams and police forces to provide training and guidance to help identify and support brain injury survivors so that they can receive support and rehabilitation appropriate to their needs.

It includes structured training programmes for support and operational staff within prison and probation teams.