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Disability and criminal justice

From the moment a person with a mental illness or intellectual disability is first interviewed by police, specific procedures, laws and human rights obligations apply. The defence of mental impairment should always be considered, but important legal factors must be considered. Assistance for going to court should be planned ahead, and consideration of criminal justice diversion programs, and the specialist Assessment and Referral Court that can provide psychological assessment and referral to welfare, health, mental health, disability, housing services, and/or to drug and alcohol treatment. More sentencing options are available and supervision and leave orders for forensic patients.

Disability and criminal justice
Contributor

Liam McAuliffe

Barrister

Disability and criminal justice: Contacts

Assessment and Referral Court (ARC)
At the Magistrates’ Court of Victoria
Email: arc.registrar@courts.vic.gov.au; arclist@justice.vic.gov.au
Web: www.mcv.vic.gov.au/about-us/assessment-and-referral-court-arc

ARC is available at the Frankston, Latrobe Valley, Korumburra, Melbourne and Moorabbin Magistrates’ Courts.

Justice Connect
Level 17, 461 Bourke Street, Melbourne Vic 3000
Tel: 8636 4400
Email: admin@justiceconnect.org.au
Web: https://justiceconnect.org.au

Mental Health Legal Centre
Building 152, 147 Pelham Street, Carlton Vic 3053
Tel: 9629 4422; 1800 555 887
Web: https://mhlc.org.au

Mental Health Tribunal Victoria
Level 30, 570 Bourke Street, Melbourne Vic 3000
Tel: 9032 3200; 1800 242 703
Email: mht@mht.vic.gov.au
Web: www.mht.vic.gov.au

Victoria Legal Aid (VLA)
Tel (legal help): 1300 792 387
Web: www.legalaid.vic.gov.au

For general advice on disability and criminal justice matters, contact VLA.

Victorian Government Department of Families, Fairness and Housing (DFFH) – Office for Disability
50 Lonsdale Street, Melbourne Vic 3000
Tel: 1300 880 043
Email: ofd@dhhs.vic.gov.au
Web: www.dhhs.vic.gov.au/office-disability 

Victorian Government Department of Justice and Community Safety
Tel: 8684 0000; 1300 365 111 (country callers)
Web: www.justice.vic.gov.au 

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