CJSN Volunteers Win Award
- 2005 Law and Justice Volunteer Award
As an eventful year for CJSN comes
to a close, the biggest Christmas present that the CJSN
team can give to all its volunteers is a big
CONGRATULATIONS !!! for being awarded the Law &
Justice Foundation’s 2005 Law and Justice Volunteer
Award at the Parliament House, Sydney in October this
year.
The Award recognises the role that
CJSN support workers and lawyers have performed in
ensuring that the rights of people with an intellectual
disability, during police interviews and court and legal
appointments, have real meaning.
Sean’s Section 32
Application
Sean is a young man with an
intellectual disability who was living with his father
and going to TAFE. A disability worker contacted us when
Sean told her that he had been charged by the police for
assaulting his father.
Sean’s father was handling all
of Sean’s finances and the alleged assault was
apparently caused by a dispute over money.
Sean had never been in trouble with
the law in the past. After the incident Sean went to live
with his mother.
At court Sean’s case was
adjourned for 6 weeks for an application under section 32
of the Mental Health (Criminal Procedure) Act to
be put together. During this time control over
Sean’s money was taken from his father. Sean also
started getting involved in some leisure activities in
his local area.
The next court date came up in 6
weeks time. Sean’s solicitor was not at court as
expected nor was his legal aid file: his case was
adjourned again for 2 weeks. The report that was to be
prepared by the psychologist at Sean’s TAFE had also
not been submitted by that court date. Sean and his
mother were very stressed by this.
A CJSN volunteer support worker was
able to talk to another solicitor at court and sort
things out. The CJSN Regional Coordinator then chased up
this report to ensure it would be there at the next
hearing.
At the next court date the section
32 application was put to the court and the charges
against Sean were dismissed.
Without the involvement of CJSN it
is possible that the charges against Sean would not have
been successfully dismissed under section 32, or that the
matter would not have been dealt with as soon as it
was.
An Inside Look at Volunteering
with CJSN
By Margaret Jennings, CJSN Sydney
Volunteer
After retiring in July last year I
was looking for some volunteer work which would be
different, a bit of a challenge, and use some of the
skills I had developed over the years working as a social
worker in the health area. As a Christian I wanted to
make a contribution to my community in some way
too.
When my daughter received an email
at her work about CJSN she sent it on to me. It
interested me because I was already involved in some
volunteer work at my local court with Prison Fellowship
where we provide morning tea to people coming to court.
And from this work I had observed how anxious most people
are at court even as witnesses because it is such a
strange environment. How much more difficult must it be
if you have an intellectual disability.
CJSN also appealed to me because I
feel that working with people with intellectual
disabilities is in some way a little tribute to my sister
who died last year. She was intellectually disabled
following meningitis when a toddler. So, for all these
reasons, I decided to investigate what this CJSN was all
about by attending an information meeting at the
beginning of the year!
The court work interested me most
so I did the training which I found very stimulating,
learning a great deal and meeting others who were also
planning to do this work. We were provided with
comprehensive notes and a folder of information about
resources and other material to help us. I wondered how I
would go working by myself at a court I was not familiar
with, but I have found that the information given prior
to the day is always sufficient and you can always ring
in during the day for assistance so you are well
supported.
I have been to court about 6 or 7
times now and it has been a real eye-opener for me. One
CJSN client I supported at court recently who was a
witness was really given a hard time, I feel, by the
offender’s solicitor. For example, the solicitor
would repeat a particular idea endlessly, not accepting
the client’s statement that this was not correct,
until the client began to doubt himself.
I feel that being cross-examined
like this is inherently unfair for a person with an
intellectual disability because he or she is less able to
see what the solicitor is doing. I had role-played with
the client what might happen and encouraged him but it
was extremely difficult for him. The client did very well
not letting the solicitor change his mind about the main
points, but he was distressed and overwhelmed by it all.
He was upset that he had made some mistakes, but the
police were very supportive and made an effort to come
out of court while the case was still proceeding to tell
the client how well he had gone.
My most recent day at court
involved supporting a CJSN client with an intellectual
disability and hearing impairment. He had been to court
previously and no adjustments had been made for his
disabilities. Unable to understand what was going on, he
had become very frustrated and “mucked up” in
some way. How surprising!
This time I was to help him
understand what was happening in court. There was not a
lot I could do except let him know who was talking so he
could turn and look at them and check with him that he
was following the proceedings, but my presence in court
helped the various people remember that he was trying to
lip read. His behaviour in court was good although he was
not entirely happy with the outcome.
I am still learning all the time
about ways to be more helpful: we have to return to court
and next time I will be game enough to interrupt if the
solicitor forgets again to allow me to go over and stand
with him right from the start.
I find this volunteer work very
satisfying because you are able to make things a little
easier for a person with an intellectual disability going
to court.
Launch of Police Rights Kit
Rescheduled
Photo from CJSN Police Interview
Process Photo Booklet, to be included in the CJSN
Police Rights Kit
In the last edition of the CJSN
Newsletter we informed readers that the CJSN team was
planning to launch the CJSN Police Rights Kit in
November this year. The launch of the Police Rights
Kit has now been rescheduled for February 2006. The
Police Rights Kit consists of the CJSN Police Interview
Video/DVD resource, Police Interview Photo Booklet,
animated CD on Bail Conditions and Training Materials.
For further inquiries please
contact:
The Criminal Justice Support Network,
Suite 2c, 199 Regent Street, Redfern 2016
Ph: (02) 9318 0144
Fax: (02) 9318 2887
Email: cjsn@idrs.org.au.
Visit the Website and Access our
Online Resources
CJSN fact sheets and information
resources are now available online, including the CJSN
Lawyers Information Kit and CJSN Newsletter. Visit the
IDRS website at http://www.idrs.org.au/cjsn/index.html
and scroll down to the section on “Resources and
Publications” to access the practical and
informative material we have developed on issues involved
with advocating for the rights of people with an
intellectual disability in contact with the criminal
justice system.
Resources from our Police Rights
Kit will also be posted to this section of the
website.
CJSN in the Hunter - Sally
Chopping
Supports and
Referrals
It's been another very busy record
two months for the Hunter Region with 47 supports (40
court and 7 Police) provided Referrals are coming thick
and fast from many different directions including:
Chamber Registrar's, local state member of Parliament for
Newcastle, several referrals from DADHC, Legal Aid,
Gosford Public Guardian office, "Many Rivers Legal
Service" at Singleton and Maitland. Each of these
referrals relate to court appearances.
Most resources this month were
directed to providing support, and coordination for a
client charged with murder which required support in
legal interviews, visits to gaol in Sydney for court
preparation, clothing for court, and constant liaison
with family members who were not able to be in
court.
Considerable time has also been
spent providing continuing support to clients and their
families involved in cases which have had many
adjournments, support for a District Court trial, and
support for clients in custody awaiting
reports.
Networking
In addition to organising supports
clients have also been out and about informing others of
the service that CJSN offers including Complex Needs
Working Party, (Newcastle Network and Hunter
Interagency Network), Hunter Integrated Care at
Muswellbrook; Court Forums in Maitland and Newcastle.
Training was also given to 15 Custody Managers on the
Central Coast on identification and communication issues
concerning intellectual disability
The Newcastle University Legal
Centre has accepted a referral from CJSN for a client in
Toowoomba hospital with an outstanding warrant for non
appearance in court in Grafton. The Centre will represent
the client and his family in seeking to get the result of
the last hearing annulled (because he was in hospital at
the time) so that he can return to Newcastle to visit his
family. The inquiry to CJSN initially came from the
social worker at the hospital. She was referred by Law
Access.
Lawyers
3 Hunter solicitors are currently
participating in the CJSN after hours roster for
lawyers.
CJSN Hunter has farewelled five Law
students who have finished their studies and moved on
from being volunteers. We wish them well in their chosen
fields and thank them for the support they have given to
CJSN.
Thanks also goes to our supportive
Lawyers in the local area:
- Bronwyn Anne Ambrogetti,
Solicitor, Many Rivers Aboriginal Legal
Service.
- Peter Cleaves,
Solicitor.
- Mansell Laidler, Solicitor,
Armstrongs Solicitors, Toronto.
- James Wallace, Solicitor,
Rutter Morgan Solicitors, Toronto and
Wallsend.
- Amy Clarke, Solicitor,
Rutter Morgan Solicitors, Toronto and
Wallsend.
In addition to this generous
support we also have great support for our clients from
our Legal Aid solicitors.
CJSN Hunter are fast gaining
recognition for the service provided by the volunteers in
local courts and building a rapport with the court staff
in many areas. We find that this is beneficial in getting
results.
A recent example of this involved a
duty solicitor needing a psychiatric assessment which was
sent to the courthouse prior to the day but could not be
located in the court office. The volunteer called the
CJSN office to ascertain if a copy of the report had been
sent to the Regional Coordinator, this was not the case
so the volunteer was able to get help from the court
officer in having a new copy of the assessment faxed
through for the Solicitor who was able to hand up the
report resulting in a 12 month bond. Without CJSN
intervention the case would have resulted in yet another
adjournment.
CJSN Contributes to Policy and Law
Reform
CJSN has been an active contributor
to criminal justice policy and law reform initiatives
this year.
In August, Lloyd Babb, Chair of
the Criminal Justice Sexual Offences Taskforce, wrote
to IDRS seeking its advice on:
- the policing and investigation
of sexual assault cases involving people with an
intellectual disability;
- the giving of evidence in court
by people with an intellectual disability;
- specific sexual offences under
the Crimes Act and their impact on people with
an intellectual disability; and
- the monitoring service
providers in residential settings for people with an
intellectual disability.
CJSN contributed to the response by
providing input about CJSN's involvement with these
issues based on its support work and first hand
experience in Courts.
On 30 August, Judy Harper, CJSN
Project Manager, and Linda Rogers, IDRS Senior
Solicitor, presented oral evidence to the Inquiry
into Community Based Sentencing Options conducted by
the New South Wales Legislative Council Standing
Committee on Law and Justice. The Inquiry focused on the
question of whether it is appropriate and in the public
interest to tailor community based sentencing options for
rural and remote areas in NSW and for special need /
disadvantaged populations.
In September IDRS made a written
submission in response to the Review of the Uniform
Evidence Acts Discussion Paper, a joint discussion
paper of the Australian Law Reform Commission, NSW Law
Reform Commission and Victorian Law Reform Commission.
The submission focused on the proposals for reform that
affected people with an intellectual disability,
particularly the proposals in relation to the
cross-examination of defendants and witnesses with an
intellectual disability in court. CJSN contributed to the
submission by providing Vivien's Days in Court, reported
in the July
2005 edition of the CJSN
Newsletter, as a case study
of the barriers faced by people with an intellectual
disability giving evidence in court as a victim of sexual
assault.
This month's volunteer article by
CJSN Sydney Volunteer, Margaret Jennings, illustrates
some of the difficulties faced by a 6 witness she
supported while he was giving evidence in court.
Providing evidence in court can be extremely distressing
for people with an intellectual disability, especially
when they are subjected to rigorous cross-examination by
a lawyer whose job it is to prove that the person with an
intellectual disability cannot be relied upon to give
credible evidence in court.
As CJSN continues to advocate for
the rights of people with an intellectual disability on
an individual basis through the provision of individual
cases of support, we continue to develop our knowledge
about the systemic barriers faced by our client base. Our
contributions to government and non-government inquiries
allow us to use our work to advocate for the rights of
people with an intellectual disability as a whole when
they come into contact with the criminal justice
system.
External Evaluation
Complete
An external evaluation of CJSN has
now been completed by Westwood Spice. The evaluation was
to assess the impact and operational effectiveness of
CJSN, and sought to identify: the nature of support
requested; what services individuals received; how well
the service was provided; and whether the clients of CJSN
were better off as a result.
The results of the Evaluation were
overwhelmingly positive and were recently presented to
DADHC as our funding body. The first recommendation is
that DADHC continue to fund CJSN after June 06. The
Evaluation results will soon be available via our
website.
Up to Speed with the CJSN Team CJSN
is pleased to say that we now have a full complement of
staff for the first time since the project was
established.
Terri Rosenthal will be job-sharing
the Sydney Regional Coordinator position with Jane
Thomson, Terri continues to work part time with Citizen
Advocacy while she undertakes the duties of the Regional
Coordinator. She has also recently completed a Masters
Degree in Criminology. We look forward to the boost of
knowledge and enthusiasm she is able to contribute to
CJSN.
Janene Cootes has now resumed the
CJSN Educator's position.
Ushan Wickremanayake is the new
Information and Resources Coordinator.
With his background in IT, Ushan
will assist with the development and distribution of our
resources and the support systems required for managing
Statewide services.
Holiday Arrangements
CJSN offices will be closed from
Friday 23rd December until Tuesday 3 rd January
2006.
However, 24 hour services will
continue to operate through 1300 665 908.
IDRS CJSN
Volunteer
Fax to: 02 9318
2887
Mail to: 2C 199 Regent St, Redfern, NSW 2016
I am interested in
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about coming a CJSN Volunteer
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Solicitor and I am interested in assisting the
CJSN
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