Access to justice for people with intellectual disabilities: the role of the facilitator in criminal court proceedings. Scope review.

• In Event: Crime, Science and Politics WG Panel 2 : Innovation and Access in Justice Systems

Abstract

Facilitators or intermediaries play a crucial role in ensuring equal access to justice, especially for individuals with intellectual disabilities, who face communication, cognitive, and contextual barriers. These challenges hinder their participation in legal proceedings and decision-making, affecting their fundamental rights. From the perspective of the social model of disability and the Convention on the Rights of Persons with Disabilities (CRPD), reasonable procedural accommodations are necessary to ensure fair and accessible processes. Facilitators, playing a neutral and specialised role, simplify legal language, adapt procedural settings and strengthen communication between vulnerable persons and legal operators. Despite the proven benefits of facilitators, such as reducing procedural stress and improving the quality of judicial interactions, significant challenges remain. These include uneven availability, lack of uniform professional standards, and resistance by certain legal actors to its formal incorporation. This scoping review aims to comprehensively examine the facilitator as a support professional in those court systems where it has been formally incorporated (England, Wales, Northern Ireland, New Zealand, Nordic countries, Australia, Canada, Mexico, Chile, South Africa and Spain), using a methodology based on the guidelines of Arksey and O'Malley (2005) and adaptations of Levac et al. (2010). Through a comprehensive analysis of academic literature, government reports, legal frameworks and case studies, key aspects such as the definition, functions, challenges and good practices of the intermediary role, as well as its impact on procedural justice, were explored. The findings underline the relevance of strengthening the recognition and regulation of the role of the facilitator, as well as promoting its acceptance and availability in judicial systems in order to overcome the identified barriers and foster the effective implementation of this support figure for the benefit of persons with intellectual disabilities and other vulnerable groups.
Keywords: Accessibility to justice, intellectual disability, judicial facilitator, intermediary, procedural adjustments.

Authors

• Irene García Baeza, Centro de Investigación en Criminología (Universidad de Castilla-La Mancha)

• Irene García Baeza, Centro de Investigación en Criminología (Universidad de Castilla-La Mancha)