Barriers at Each Stage of the Process

Low literacy may play a role in charges laid. The person may not have intentionally committed a crime, but may not have understood his or her responsibilities or how things work. For example, a lawyer at a legal aid clinic mentioned a woman who could not read, who usually shopped in a store that had pictures of a cash register hanging over the cashiers. Searching for the cashier in a new store, she carried her purchases out among the sale racks outside the store, and was charged with shoplifting.

On the other hand social or economic problems associated with low literacy may have motivated the crime. While low literacy is not a direct cause of criminal behaviour, it does correlate with someone's past and present disadvantage and lack of opportunities. People with low literacy skills often have a sense of alienation which can in turn lead to a lack of loyalty to the community. They often don't go for help until the problems are compounded.

Some charges are directly linked to not being able to read. Defence lawyers say their clients often arrive without the papers they were given, or with the papers looking like they have been in the accused's back pocket for a month. But if an accused does not obey a summons to appear in court, a warrant is issued for his arrest. One lawyer told of a client who had one substantive charge against him and 20 warrants for breach of conditions.²⁷

Lack of legal understanding comes into play from the moment someone is picked up by the police. The person is unlikely to have a full understanding of his or her rights. The wording of the 'caution' is technical and confusing. One officer told us "I used to wonder why anyone would give a statement after hearing it - it went on and on and it was tough to read, let alone understand."