The criminal justice system is not geared to dealing with people who have an intellectual disability. For this and other reasons, crimes against or by people with an intellectual disability may often go unreported.
Police may also be reluctant to (1) A statement giving the details of a crime an accused person is claimed to have committed. (2) A personal property security. (3) A judge’s directions to a jury at the end of a case. or prosecute offences against a person who has an intellectual disability, or perpetrated by a person with such a disability, because of concerns about the reliability of witnesses or issues to do with the person’s The ability to understand and be held responsible by the law for your actions. It also refers to a person’s ability to understand and agree to something, such as to undergo medical treatment. Full legal capacity is reached at 18 years of age, when a child becomes an adult. to form criminal intent.
Victoria Police now has Disability Portfolio Reference Group that provides input on police officer’s interactions with people with disability. Where a person with a disability is being abused, a complaint should be made to Victoria Police; however, the police seem reluctant to take any action in these cases.
Also, within some organisations, there may be an ‘institutional culture’, which views problems occurring within that facility as requiring resolution internally rather than by the justice system.
The issues and procedures relating to people who have an intellectual disability who become involved with the criminal justice system are discussed in Chapter 8.3: Disability and criminal justice.
Also see Villamanta Disability Rights Legal Service’s publication, People with Acquired Brain Injury and the Victorian Justice System: Rights and Resources, published by Inkshed Press.
Taking instructions from clients
See ‘Taking instructions from clients who have cognitive impairment’ in Chapter 8.1: Understanding disability and the law, and Villamanta Disability Rights Legal Service’s publication, People Who Have an Intellectual Disability and the Criminal Justice System.