Criminal justice system
Criminal justice system
- The DRC reported on serious issues with equity and outcomes for people with disability in relation to the criminal justice system. The DRC stated:
- “The statistics are stark. …It is clear people with disability – particularly those with cognitive disability – are disproportionately represented in criminal justice settings, across all stages, from police contact and arrest, through to court processes and correctional settings. The disproportionate rate of imprisonment of people with disability is not the result of any inherent relationship between disability and crime. Rather, it reflects the disadvantages experienced by many people with disability, such as poverty, disrupted family backgrounds, family violence and other forms of abuse, misuse of drugs and alcohol, unstable housing and homelessness.”
- For this reason it is crucial that any lawyer representing a client with disability in relation to the criminal charges has a solid understanding of their rights and the options available. These rights include: – the right to legal advice, assistance and representation for victims, witnesses, alleged offenders, offenders and prison inmates at all levels of the criminal justice system; – the right to treatment at all levels within the criminal justice system (including by police, courts, corrections) that is free from discrimination on the basis of disability (EO Act; DD Act) and that meets the specific disability-related needs of the person; – the right to report a crime and to have such assistance as is necessary to do so (Police Operating Procedures, ITPs); – the right to full consideration of their disability/ cognitive impairment in court or tribunal proceedings including appropriate legal and practical advice, assistance and representation in such proceedings (EO Act; DD Act); – upon their alleged criminal behaviour (Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (‘CMIUT Act’), diversionary programs); – upon their sentencing were found guilty of a crime (Sentencing Act 1991 (Vic) (‘Sentencing Act’), CMI Act; MH Act; Disability Act); – in the nature of their correctional placement, services, employment and education (Sentencing Act; Disability Act; MH Act); and – equality of opportunity with other prisoners who do not have a disability (EO Act; DD Act).
Correctional facilities and programs
Correctional facilities and programs are subject to the provisions of the EO Act and the DD Act relating to the provision of services. Also, the Corrections Act 1986 (Vic) (s 47(1)) states the rights of prisoners: g If intellectually disabled or mentally ill, the right to have reasonable access within the prison or, with the governor’s approval, outside a prison to such special care and treatment as the medical officer considers necessary or desirable in the circumstances. For more information, see Chapter 3.8: Imprisonment and the rights of people in prison, and Chapter 8.3: Disability and criminal justice.
