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Frontal Lobe Brain Injuries and Criminal Behaviour : Is There a Link?

Traumatic brain injury symptoms will vary depending on the nature and severity of the episode leading to injury. Some will be overcome within a relatively short period, i.e. months, whereas some can be more permanent. Brain injury symptoms do not just include those to the head, but may also result in physical disability, impacting on movement, balance, co-ordination. Head concussion symptoms may cause headaches, even from a mild head injury.

As a brain injury solicitor who has been dealing with brain injury claims and head injury claims since the late 1980’s, I have had my fair share of experience of acting for people from all ages and from all walks of life. I have learnt that a brain injury can strike at any time, without regard to gender, age or the socio economic group. That same experience shows young men seem to be at greater risk than the general population. That has been the case for many years although it has been suggested that young women are now trying to emulate the boys, by drinking to excess and placing themselves in a vulnerable position, which can lead to brain injury.

The Consequences of Frontal Lobe Brain Injury on Behaviour

The consequences of brain injury can be manifold, one such outcome being that following injury to the frontal lobes (the front part of the brain) there can be changes in behaviour. The frontal lobes also influence temper, impulse, attention, concentration, memory and a reduction in the ability to deal with different streams of information.

The change in behaviour, following traumatic brain injury, can lead to conflict with the law and those with brain injury can find themselves having to answer to the police. That is also my experience.

Therefore, it did not come as a surprise when Professor Huw Williams, of the Centre for Clinical Neuropsychology Research at the University of Exeter, published a report concluding that there was growing evidence of links between incurring a traumatic brain injury and subsequent criminal offending. The research, the conclusions of which are found in “Repairing Shattered Lives: Brain Injury and its implications for criminal justice” also led him to conclude there was compelling evidence of a very high prevalence rate of traumatic brain injury offenders in custody relative to the general population. Indeed, it may be considered remarkable that the study revealed that while less than 10% of the general population had experienced a head injury, studies from across the world have typically shown that this is between 50-80% in offender populations.

The report also draws on a study of young people in a Young Offender Institution in England, which found 60% of inmates reported some kind of head injury, with 46% reporting a loss of consciousness.

Interestingly a study in Sweden found that 8.8% of the prison population with a traumatic brain injury later committed a violent crime, compared with 3% of the general population. There have been similar and equally interesting findings in Australia, Spain and Finland, but returning home, in a UK study of 200 adult male prisoners, 60% claimed to have suffered a traumatic brain injury of some form.

The Effects of Brain Injury and Criminality

With those statistics, there is clearly a need to undertake further research. In the meantime, there is an equally compelling requirement to accept there may be a strong link between traumatic brain

IBB Solicitors

By Malcolm Underhill, Partner

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injury and crime and that steps should be taken immediately. Those action points must start with the criminal justice system learning about the effects of traumatic brain injury, thereby taking it into account when offenders come into contact, first with the police, and then others in the criminal justice system.

Professor Huw Williams recommends standardised screening of young people for brain injury, not just at the pre-sentence point, but also at the custody centre. It is suggested that screening tools should be available in custody suites, courts, prisons and in probation services, with police officers, court staff, probation officers and prison reception teams undertaking the screening. This can only be supported, but realism dictates that these ideals are not going to be achieved without change.

The criminal justice system is already under pressure. There is, on the face of it, no funds available for the training. Nor is it likely that front line police offices will accept they have the time to undertake this screening process without additional resources. Indeed, at present the rules do not require such screening. To introduce screening will require a change of culture and political will. Political will is vital to change the rule requiring screening as a matter of course, as well as the funds to provide extra training and, probably extra staff, to undertake the detailed assessment process. This can only be government led.

Brain injury Associations and Support

In terms of training, it is possible that non-government agencies are best placed to train those in the criminal justice system. Headway, the brain injury charity, exists (in part) to promote understanding of all aspects of brain injury and to provide information, support and services to people with a brain injury, their families and carers. A particular objective is to increase awareness of brain injury and its consequences. With appropriate support from a government, Headway can perform this vital role, noting its desire to see improved approaches to brain injury screening.

The potential benefits are worth the investment of time and money. If the report and conclusions of Professor Huw Williams are correct then there

are far too many people in our prisons who should be elsewhere, in a community rehabilitation programme, where they can be supported to lead more positive lives.

If, through training and assessment, we are able to remove more people from the criminal justice system, we will see financial savings as well as individuals making positive contributions to society. When I deal with head injury claims, I am mindful of these issues and have recently seen a successful outcome by working with those agencies who might not otherwise understand the effects of my client with brain injury. The benefits are real and immediate.

Brain Injury Claims and Compensation

If you want to enquire about making a brain or head injury claim, please contact a member of our team on 01895 207 835 or 01895 207 295. Alternatively, you can send an email with your name and contact information and brief details as to the nature of the accident/clinical negligence and the injuries sustained to PI@ibblaw.co.uk and one of our team will be able to help you.

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