The Law Handbook 2024

Chapter 8.3: Disability and criminal justice 805 Where an interview occurred without the presence of an ITP, a magistrate or judge can decide whether or not to admit the information obtained from the interview. (Formore information about the ITPprogramand the Office of the Public Advocate, see Chapter 8.2: Disability: Asserting your rights.) Access to a lawyer Under section 25(2) of the Human Rights Charter, a person charged with a criminal offence has the right to have adequate time and facilities to communicate with a chosen lawyer or advisor. This applies to both indictable and summary offences. It is important that an ITP ensures that a person with disability who is being interviewed understands what is taking place, understands the caution (given for all offences) and understands their right to speak to or consult a legal advocate. A defendant and an ITP must always be advised of the right to communicate with a lawyer, separate from the standard reading of rights. This is to ensure that the defendant’s entitlement to consult with a lawyer/legal advocate is fully understood. Legal advice can be sought from Victoria Legal Aid or a community legal centre (see Chapter 2.4: Legal services that can help). People with disability at court Assistance at court – overview Attending court can be a nerve-racking experience for people with an intellectual or psychiatric disability. A person with disability may feel more relaxed if they are familiar with the court setting and process, including the different roles of the magistrate, lawyers, and other people present in the courtroom. Requests for the assistance of an advocate, guardian or friend should be made in advance (if possible) to the court’s registrar. To support this request, a lawyer can raise the right to a fair hearing (s 24 Human Rights Charter) and the right to equality before the law (s 8). There are a number of specialist courts and court support services available. A person’s rights in criminal proceedings under section 25 of the Human Rights Charter also include being told about the right, if they are eligible, to have legal aid. Court support programs Court Integrated Services Program – Magistrates’ Court The Court Integrated Services Program ( CISP ) offers support to parties in Magistrates’ Court proceedings (e.g. applicants, respondents and defendants). CISP assists people to access a variety of services to address their health and social needs. CISP was established to provide support and services aimed at reducing re- offending and making communities safer. The main aims of CISP are: • to provide short-term assistance before sentencing for accused people with health and social needs; • to work on causes of offending through individual case management support; • to provide priority access to treatment and community support where possible; • to try to reduce re-offending rates. CISP is available at the Magistrates’ Courts in Ballarat, Bendigo, Broadmeadows, Dandenong, Frankston, Geelong, Heidelberg, Korumburra, Latrobe Valley, Melbourne, Mildura, Moorabbin, Portland, Ringwood, Shepparton, Sunshine, Warrnambool, Wangaratta, Wodonga and Wonthaggi. Court Integrated Services Program (CISP) – Magistrates’ Court Web: www.mcv.vic.gov.au/form-finder/court-integrated- support-services-cisp-referral-form Court Integrated Services Program – County Court In January 2021, a CISP pilot program commenced in the County Court. The aims of CISP at the County Court are similar to the aims of the program in the Magistrates’ Court (see above). Defendants must meet certain eligibility requirements to be accepted into the program, including having a substantive matter committed to the Melbourne County Court. Court Integrated Services Program (CISP) – County Court Email: cisp@countycourt.vic.gov.au Web: www.countycourt.vic.gov.au/going-court/criminal- division/court-integrated-services-program