Disability
10. The Criminal Justice System
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Jul 2015
- People with intellectual, psychiatric and cognitive disabilities are disproportionately represented in the criminal justice system. Unfortunately they also may not have the same personal resources or intellectual capacities to deal with this situation without support and guidance.
- In order to correct this imbalance the law requires that a person with intellectual disabilities have a support person with them when taking part in police interviews.
- One of the problems often faced in this regard is that the police do not always recognise that a person has a cognitive disability. They may not recognise the need to engage a support person or independent third party.
- In some situations evidence of a police interview may not be used in a court proceeding if it would be unfair to admit it or if it was not given freely.
- This may be because:
- the person has failed to understand the standard police caution given at the start of an interview;
- if they simply do not understand the gravity of the situation they are in; or
- if the police failed to provide an independent third party or support person to assist.
- For more information see our Criminal Law area.
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