The Courts can be Accused of Systemic Discrimination Against People with Low Literacy Skills

Judge John Maher suggests that there is 'systemic discrimination' in the administration of criminal justice against those who are functionally illiterate.

"It is largely invisible. It cuts across lines of race, gender and culture, although many of its victims suffer from those other forms of 'systemic discrimination'. Because of the social stigma attached to it (largely by its own victims), its invisibility is frequently encouraged by its victims, who attempt to hide their condition."³¹

Judge Maher goes on to say,

"'systemic discrimination' means no more and no less than it is the 'system' which by its nature, treats a category of people differently because they belong to that category [...]. The 'systemic discrimination' in the administration of justice against the illiterate arises from two sources. Firstly, the everyday demands of the justice system, like those of society in general, require an ability to read and write, and to process and understand written communication. Secondly, it is by and large taken for granted by many court personnel, that those who appear in court, as witnesses or parties (alleged victims or accused) have that ability."³²

Failure to Respond Appropriately to Someone with Low Literacy Skills can Reduce Court Efficiency and Effectiveness

If a witness cannot read well, and is not able to understand a letter or summons requiring them to be at court on a certain date and at a certain time, their failure to appear will cause unnecessary delays and unnecessary costs. Similarly, the cost of appeals for cases related to the accused's right to understand is considerable, judging from the numerous cases which have been based on failure to understand just since 1991.³³