 An
update from the Manager’s desk…
By Judy Harper, Project Manager
A review of our direct supports for
the period Jan – Dec 2005 has just been completed
and a snapshot follows:
- We received 226 referrals for
support
- 376 direct support were
provided for Court matters
- 88 direct supports were
provided for Police matters
- 132 occasions of
assisting/advising an existing support
person
- 346 other
inquiries.
Outreach services –
With the assistance, skill and
support of our Outreach worker, Leonie Kirwan, the Port
Macquarie Justice Network has been successful in
obtaining some time limited funding from the Law and
Justice Foundation to establish a support network through
the local Neighbourhood Centre. The Justice Network will
provide Court and Police support through volunteers to
people with disabilities. Congratulations to this
dynamic, diverse and committed group who have worked very
hard to secure this funding. CJSN will continue to
support them and provide training during
establishment.
Police Rights Package–
We are very pleased to be able to
announce that the Police Commissioner has agreed to
formally launch our Police Rights Package on 28th April
at Parliament House. This Package includes the
“Getting Arrested – What to Do” video/DVD
and photo booklet, an animated CD on understanding bail
conditions, and a training package with session plans to
support the resources.
1000 copies will be available and
order forms will be distributed and on the website after
the Launch. A train theTrainer package will also
be developed forthe Kit so that other people can be
trainedto use the package in an on going,
andindividualised way to support people withintellectual
disabilities that they areworking with.
The External Evaluation of CJSN was
completed by Westwood Spice in October last year and
formally presented to DADHC in early November. The report
was overwhelmingly positive and key recommendations were
around ongoing funding and extending eligibility to
people with cognitive disabilities.
 To
review the report click here, or
down
as a pdf file
Law Week 2006
Law Week provides an
excellent opportunity for CJSN to promote, network and
highlight the needs of people with intellectual
disabilities to the legal community. Last year, we were
able to distribute the Information
Pack for Lawyers
and this has had a significant impact with further
requests for packages and the case studies being utilised
as a reference point in Court on a number of
occasions.
Following changes to legislation
this Kit will be updated this year and further case
studies added for utilisation by the legal
profession.
There are also a number of
activities planned to coincide with events being held in
various regions.
In the Hunter – Thursday 30th
March –
Information stall at Newcastle
Court including a presentation by Peter McGhee, Principal
Solicitor with IDRS at 10.30am. CJSN volunteers will be
on hand to answer questions and provide further
informationm about volunteering in the Hunter. There will
also be an information stand and presentation at Toronto
Court.
There will also be a Law Week
gathering for CJSN volunteers at out office in University
House from 5.30pm to discuss legal and practical issues
experienced by volunteers in conjunction with Peter
McGhee. This will also be a good opportunity for
volunteers to see new resources, gather information and
share their knowledge.
In the South –
CJSN will be having a stall at the
courthouse on Monday 27 th March as part of the official
opening and art
exhibition.
CJSN is also hosting an information
session for Lawyers and Magistrates on Wednesday 29th ,
5.30 – 7.30 pm at Wollongong Court.
The topic is Intellectual
Disability and the Law and it carries 2 CLE
points. There will also be information presented by the
DADHC State-wide Behaviour Intervention Service on the
support and services it can provide to people with
intellectual disabilities through treatment and support
plans. The session is open to all practising Criminal
Lawyers and Magistrates.
In Sydney –
An Information stand will be
provided at the Downing Centre Court on Friday, March 31,
2006.
In Dubbo –
Two very committed volunteers have
agreed to have an information stand at the Dubbo Court
House on Sunday, 26th March. They will screen the new
CJSN “Getting Arrested – What to Do” video
and the Attorney General's video “So you have to go
to court”.
In Mudgee –
CJSN will officially launch the
Mudgee volunteer group on Monday 27th March at the Mudgee
Court House, as part of our Pilot Outreach program. The
celebration will be hosted by Mudgee Court Registrar, Mr.
Anthony Goodwin.
An afternoon seminar on
'Guardianship, Wills and Powers of Attorney' for parents
and carers of people with intellectual disabilities and
for service providers will be conducted by Peter
McGhee.
People with intellectual
disabilities are invited to participate in a presentation
of the new CJSN “Getting Arrested – What to
Do” video and the Attorney General's video “So
you have to go to court” at Mudgee Court.
Thanks go to the Mudgee and Dubbo
volunteers for their great efforts and the generous
support from the Court Registrar, for what promises to be
a great Law Week celebration.
Southern Region Update
–
Volunteers
Thankyou to Southern Volunteer
Lynn, who has been working very hard with us in Nowra
court.
Lynn is a Criminology student with
qualifications and interest in Aboriginal issues. She has
been spending most list days at Nowra court over a period
two months, assisting people with intellectual
disabilities through the process on the day. Lynn was
able to refer one person through to a TAFE drivers
education class for people with intellectual disabilities
following a driving matter. This saw the person
successfully complete their driving test before the court
matter was finalised in late February which had a
positive effect on the outcome. This person had been
repeatedly coming before the Court for driving mattes and
no one had identified her disability, or need for
additional support to pass her drivers
licence.
Well done Lynn and thank you for
the many hours you have given, it has made a real
difference. Thanks also to the staff, registrar and
Magistrate at Nowra Court who have been very supportive
during this trial period.
Welcome also to Corinna, who is a
TAFE Diploma student and very experienced disability
worker as well as a trained volunteer for CJSN. Corinna
will be doing her work placement with us over the next
few months and assisting with victim support during a
high profile trial in the District Court. We are very
glad to have your expertise Corinna and the extra pair of
hands !
MORE VOLUNTEERS NEEDED
The next intake of volunteers
for the Southern Region is planned for April.
The info session is an opportunity
to learn about CJSN and how we operate as a volunteer
network. It’s also a chance to see if volunteering
with us is really for you.
Those who go on to complete the
training will participate in a two day court and/or
Police support training program.
The training is free and open to
people living from Helensburgh to Ulladulla.
Volunteers from the Koori community
are encouraged to come along.
Please contact the Co-ordinator if
you would some more info about volunteering with CJSN ,
we’d love to have you .
Contact CJSN
For further information email
cjsn@idrs.org.au
or phone (02) 9318 0144 for further information.
SYDNEY Office
2C/199 Regent Street, Redfern NSW
2016
Ph: 02 9318 0144
Fax: 02 9318 2887
HUNTER Office
Level 1, University House, 300 King
Street, Newcastle NSW 2300
Ph: 02 4921 8826
Fax: 02 4921 8866
SOUTHERN Office
Old Berry Court House,
P.O. Box 422, Berry NSW 2535
Ph: 02 4464 2733
Fax: 02 4464 2733
State-wide 24/7 Support Line -
1300 665 908
Supports and Referrals
We have been receiving
referrals for supports from an increasingly diverse
network over the last few months, and we are mostly
providing support to alleged offenders at present. It is
disappointing that we aren’t supporting more victims
and witnesses of crimes in the South, given the high
incidence of domestic violence, particularly in the
Shoalhaven. So, referrals are welcome from agencies
working with victims and of course, victims and witnesses
themselves. We also support mainstream workers, like
advocacy and domestic violence support workers, with
specific court support skills and communication
techniques relevant to people with intellectual
disabilities.
Completing a police statement with
a person with an intellectual disability can be an
incredibly difficult task. Very few victims get past this
point and into the courtroom because the quality of the
statement is deemed too poor. One of the most important
support functions we can provide is to assist police with
the preparation of a written statement from victims and
witnesses. We are also able to provide follow up support
with areas like victims compensation, an area that many
of our clients would miss out on, due to their lack of
knowledge or ability to pursue it alone.\
A risk in ERISP:
A recent experience of a
CJSN support person at a police interview with a suspect
who had an intellectual disability
By Peter McGhee, Principal
Solicitor, IDRS
A CJSN support worker recently
attended a police station to support a person charged
with a serious offence. It was an indictable matter and
the suspect refused to make a statement after receiving
legal advice to remain silent and not make a
statement.
The investigating officer in charge
of the investigation wanted to record the refusal of the
suspect to make a statement on ERISP (electronically
recorded interview with a suspected person), saying "in
fairness to the defendant I want to record his refusal
and put the allegations to him"...
There was nothing fair about
it!
The officer in charge said ,"But it
is an indictable matter so he has to put his refusal to
make a statement on record".
An inexperienced support person may
have let this happen, however the CJSN support person in
this matter stopped the process and telephoned back the
lawyer to get further advice on what to do.
It turned out that the detective
was completely wrong .There is no act of parliament that
imposes an obligation on a person to provide information
in an electronic form. The code of Practice for Crime
(The police handbook) states under the heading
Admissibility of interview evidence "you do not
have the power to compel or intimate to the suspect that
they must participate in an electronic recorded interview
for the purpose of recording their refusal. Record the
refusal in your note book and if appropriate on the facts
sheet".....there are acts of parliament that may impose
an obligation on a person to give information to the
police. For example, under the Roads and Traffic
legislation a driver is required to give their name
and home address.
The risk in a suspect with an ID
recording their refusal to make a statement on ERISP is
that adverse reactions to specific questions, such as
nods and the overall demeanour of the defendant during
such recordings could be commented upon by the
interviewing officer and it could add to the evidence
against the suspect. The ERISP tape in this example could
become admissible into evidence during defended hearing,
(if it goes that far)!
So a nervous twitch, a laugh or an
inappropriate smile at the wrong time could be seen by a
jury. What's more, the barrage of questions put to the
person with an intellectual disability may trigger off
the person to get emotional or angry at the allegations
and change their mind and wanting to deny, or put another
version on record, before the support person has time to
stop the interview to remind the suspect of the advice
they received about remaining silent. This could then
open up a can of worms.
If it was not for the experience of
the CJSN support person in this matter in drawing her
concerns to the lawyer advising over the phone, the
refusal would have been recorded on ERISP.
If you are confronted with a
similar situation, be confident and politely remind the
investigating officer that the suspect has had legal
advice and has informed him/her remain silent. Make it
clear that the suspect does not wish to record the
refusal to make a statement on ERISP or on any other form
of recording device. If the officer decides to push the
subject, telephone the lawyer who gave the initial advice
to speak to the investigating officer about the matter.
Otherwise remind the officer of what the Code of Practice
says about it, as well as making a file note of the
conversations with the officer about the matter. This
could be used later to keep the ERISP out of evidence as
it was obtained in an unfair manner.
IDRS CJSN
Volunteer
Fax to: 02 9318
2887
Mail to: 2C 199 Regent St, Redfern, NSW 2016
I am interested in
- Keeping in
touch with the CJSN
- Finding out
about coming a CJSN Volunteer
- I am a
Solicitor and I am interested in assisting the
CJSN
Name:
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Address:
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Contact CJSN
For further information email
cjsn@idrs.org.au
or phone (02) 9318 0144 for further information.
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