Acquired Brain Injury And The Criminal Justice System Public Advocate (Victoria) Colleen Pearce

About the Public Advocate Safeguarding the rights and interests of people with disability Advice Education and publications Guardianship, investigations and advocacy Policy and research Volunteer programs: Community Visitors Independent Third Persons Correction Independent Support Officer Community Guardians program

Acquired Brain Injury: Definition and Causes A disability arising from any damage to the brain acquired after birth, regardless of cause Centre for Innovative Justice & Jesuit Social Services. (2017). Recognition Respect and Support: Enabling Justice for people with an Acquired Brain Injury. Page 14.

Acquired Brain Injury: Symptoms Physical Cognitive Emotional Centre for Innovative Justice & Jesuit Social Services. (2017). Recognition Respect and Support: Enabling Justice for people with an Acquired Brain Injury. Page 10.

Acquired Brain Injury: An example Alcohol related brain injury  Frontal lobe damage Fontal lobe = Executive functioning capacity Impact Difficulties with: tasks involving planning, organising and initiative exercising consequential thinking regulating emotional response following conversation or directions Affects memory, leading to: disorientation or confusion anxiety, depression, irritability

ABI in the criminal justice system 33% of women and 42% of men in Victorian prisons have been found to have an Acquired Brain Injury (ABI), compared with 2% in the general Australian community. Martin Jackson, Glen Hardy, Peter Persson and Shasta Holland, ‘Acquired Brain Injury in the Victorian Prison System’ Corrections Victoria Research Paper Series Paper No. 04 April 2011.

Cumulative disadvantages for people with an Acquired Brain Injury More convictions Longer incarcerations Higher rates of self harm More offences committed in prison Higher rates of contact with police More likely to be Indigenous More likely to be homeless More likely to be involved with legal aid Little contact with community supports High recidivism rates Marginalisation Disadvantage Isolation

An inadequate system response Assessment: No consistent process to identify or assess for ABI No systematic recording of a prisoner’s ABI status Supports and services: No consistent supports available in prison Neat boundaries between sectors (mental health, disability, justice) simplifies the reality of individuals siloed services, at odds with a holistic approach “Hey, I’ve got ABI and I’ve got mental illness, right? I don’t know the difference between them”. Centre for Innovative Justice & Jesuit Social Services. (2017). Recognition Respect and Support: Enabling Justice for people with an Acquired Brain Injury..

Enabling Justice for people with an Acquired Brain Injury

Drugs, alcohol abuse too.” Case Study: Andy “I’ve been banged on the head too many times. I’ve had a pretty hard knock life. Drugs, alcohol abuse too.” Centre for Innovative Justice & Jesuit Social Services. (2017). Recognition Respect and Support: Enabling Justice for people with an Acquired Brain Injury. Pages 23-28.

The Justice User Experience Participants reported feeling: Unrecognised the system did not identify or accommodate their needs Confused and unsupported in understanding the orders placed upon them Fearful and anxious about openly reporting their disability Disrespected repeating past trauma Police Courts Prison Community Corrections

The Justice User Experience Two specific challenges: Understanding complex culture, language, processes and procedures systems that at no stage recognise or respond to cognitive difficulties Accessing resources Inadequate access to supports, advocacy, housing, etc.

A human rights approach holds that all people with disabilities have the right to enjoy equality of opportunity and to effectively participate in, and be fully included in, society. recognises that the challenges experienced by many people with disabilities are a result of disabling systems and environments, rather than being due to an inherent ‘lack’ in the individual. does not deny the reality of impairment or its impact on the individual. seeks to challenge physical and social environments to accommodate impairment as an expected dimension of human diversity

ABI in the criminal justice system: Opportunities for change What are some factors that can increase the perceived fairness of the criminal justice system? Voice Respect Trust Understanding Helpfulness

ABI in the criminal justice system: Opportunities for change What features were identified by participants as necessary components of a criminal justice system that is fair and responsive to people with an ABI or with a disability? Capacity to recognize disability and/or need for adjustments Availability of supports/reasonable adjustments Respectful language Clear, understandable communication (in oral and written forms) Willingness to provide assistance Makes sure the person is safe and feels as safe as possible

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