Section 32 - Intellectual Disability Rights Service (2024)

Diagnosis and Classification

Most people with intellectual disability are born with their disability. For other people, the disability may result from illness or an injury during their developmental years. It is not uncommon for a person's intellectual disability to go undiagnosed during childhood. For some, the disability is first diagnosed in prison.

You cannot tell that a person has an intellectual disablity from how they look. It is through interacting with your client that you may begin to suspect there is a difficulty. Many people with intellectual disability will deny any difficulty and may work hard to cover up the effects of their disability in their everyday life.

Classification of intellectual disability

The terms mild, moderate, severe and profound may be used to describe the severity of a person's intellectual disability. These terms simply refer to the range of IQ within which your client has been assessed. They have limited usefulness but are included because they continue to be used and it is important to understand what they mean. Note that 'average' IQ is around 100.

Borderline intellectual functioning

'Borderline intellectual functioning' is defined in the DSM-IV-TR as describing 'an IQ range that is higher than that for mental retardation' (generally IQ 71-84). An assessment of borderline intellectual functioning may bring a client within the ambit of section 32 if there are concurrent deficits in areas of adaptive functioning.

Clinical termIQ
Borderline intellectual functioning71 up to 84
Mild50-55 up to around 70
Moderate35-45 up to around 50-55
Sever20-25 up to around 35-40
ProfoundBelow 20-25

Categories are derived from the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders, 4th edition, Text Revision 2000 (DSM-IV-TRDiagnostic and Statistical Manual of Mental Disorders, 4th Edition, Text Revision 2000)

Common misconceptions about 'mild' intellectual disability

85% of people who have intellectual disability are within the mild category. The term 'mild' can suggest the disability is somehow insignificant or minimal in its effects. This notion is simply wrong. You should be alert to this possible misinterpretation by a magistrate or prosecutor. Mild intellectual disability has major effects.

People assessed to have mild intellectual disability fall within the bottom 2 per cent of the population in intellectual functioning. Without support or specific training they are likely to have significant difficulty with:

  • everyday survival skills
  • problem solving
  • planning
  • reading and comprehension of reading

An assessment by a psychologist will identify in detail specific strengths and weaknesses in your client's cognitive ability. It will also identify how the disability is affecting the client's everyday functioning. This detail is important to understand the effects of intellectual disability on the person and any links between the effects of the disability andthe alleged offending behaviour.

What is intellectual disability?Common Effects of Intellectual Disability

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Section 32 - Intellectual Disability Rights Service (2024)

FAQs

What are the criteria for intellectual disability? ›

There are three major criteria for intellectual disability: significant limitations in intellectual functioning, significant limitations in adaptive behavior, and onset before the age of 18.

What is Section 32 of the Mental Health Forensic Provisions Act 1990 NSW? ›

Section 32 of the Mental Health (Forensic Provisions) Act 1990 gives the court the power to divert a defendant who is suffering from a mental health condition into the care and treatment of mental health professionals rather than dealing with them through the criminal justice system.

What is the Section 33 Mental Health Act? ›

Section 33 Mental Health Act 2007 allows for the assessment to be delayed if the person is suffering from a condition or illness, other than a mental illness or condition, if the person is not fit to be the subject of the assessment.

What does ID mean in special education? ›

Intellectual disability (ID) is a term used to describe a person with certain limitations in cognitive functioning and other skills, including communication and self-care.

What are two qualifying characteristics to be diagnosed with an intellectual disability? ›

Defining Characteristics

Individuals with ID have intellectual deficits as well as deficits in adaptive functioning that include conceptual, social, and practical domains (APA, 2013).

What are the 5 most common intellectual disability? ›

Some of the most common known causes of intellectual disability – like Down syndrome, fetal alcohol syndrome, fragile X syndrome, genetic conditions, birth defects, and infections – happen before birth. Others happen while a baby is being born or soon after birth.

What is Section 32 Crime and Disorder Act? ›

32[F1Racially or religiously aggravated] harassment etc.

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; (b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

What is S 32 of the Crime and Disorder Act 1998? ›

32 Racially-aggravated harassment etc.

(b)an offence under section 4 of that Act (putting people in fear of violence), which is racially aggravated for the purposes of this section. “(p)an offence falling within section 32(1)(a) of the Crime and Disorder Act 1998 (racially-aggravated harassment);”.

How to prove bipolar disorder in court? ›

To do this, you must see a licensed psychiatrist or mental health expert to conduct tests and evaluations. Their findings will be presented in court along with all of your medical records. Any documents that show you have undergone treatment like therapy or medications for a mental illness will help your case.

What is Section 35 of the Mental Capacity Act? ›

The criminal courts can send you to hospital using section 35 of the Mental Health Act. They can do this if they want more information about your mental health. The courts use section 35 when they decide you need an assessment in hospital. They can use this section at any point during your court case.

What lacks mental capacity under the act? ›

The Mental Capacity Act (MCA) is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment. It applies to people aged 16 and over.

What is the Mental capacity Amendment Act? ›

Documents to download. 16 May 2019. The Act amends the Mental Capacity Act 2005 and introduces the Liberty Protection Safeguards (LPS) – a new process for authorising deprivations of liberty for persons who lack capacity to make a particular decision.

What are the four intellectual disabilities? ›

Formerly known as mental retardation, the accepted term now is intellectual development disorder (intellectual disability), and it has four subtypes: mild, moderate, severe, and profound.

What are the four levels of intellectual disability? ›

The terms “mild,” “moderate,” “severe,” and “profound” have been used to describe the severity of the condition (see Table 9-1). This approach has been helpful in that aspects of mild to moderate ID differ from severe to profound ID.

What is the IQ of a mild intellectual disability? ›

The measured IQ for persons with mild ID is between 50–55 and 70 (based on population mean of 100; 1 standard deviation of 15, and margin of measurement error of ±5) (8,10,13-16). Persons with mild ID have difficulty in the acquisition and comprehension of complex language and academic skills (10,13,15,16).

What is the DSM-5 criteria code for intellectual disability? ›

Intellectual Disability DSM-5 319 (F79)

What are three signs of intellectual disability? ›

Signs and symptoms of intellectual disabilities
  • Learning and developing more slowly than other children same age.
  • Rolling over, sitting up, crawling, or walking much later than developmentally appropriate.
  • Difficulty communicating or socializing with others.
  • Lower than average scores on IQ tests.

What are the three attributes of an intellectual disability identify and describe? ›

People with intellectual disabilities may have challenges in conceptual skills, social skills, and practical skills, affecting their independence and functioning.

What are the 2 primary eligibility criteria of an intellectual disability quizlet? ›

o Myth: Intellectual disability is defined by how a person scores on an IQ test. Fact: The most commonly used definition specifies that an individual must meet 2 criteria to be considered as having intellectual disabilities: low intellectual functioning and low adaptive skills.

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