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    Part 1

  1. Overview
    1. Section 32 MHFPA
    2. Charges - Local and Children's Court matters
    3. Charges - Commonwealth matters
    4. No requirement to enter a plea
    5. Decisions for the Magistrate

    3. Part 2

  3. Eligibility
    1. Cognitive Impairment
      1. Intellectual disability
      2. Autism
      3. Asperger's disorder
      4. ADD & ADHD
    3. Mental illness
    4. Mental condition

    5. Part 3

  5. Clients with acquired brain injury (ABI) – legal issues
    1. What is ABI
    2. Effects and what to do

    7. Part 4

  7. Clients with intellectual disability
    1. What is intellectual disability?
    2. Diagnosis and Classification
    3. Common Effects of Intellectual Disability
    4. Identifying intellectual disability
    5. Challenging behaviour
    6. Intellectual disability and mental illness
    7. Working with clients with Intellectual disability
    8. JS support persons at court
    9. JS support persons at police stations
    10. Ageing, Disability and Home Care (ADHC)

    9. Part 5

  9. Initial Considerations
    1. Defended Matter?
    2. Fitness?
    3. Negotiations with Police?
    4. Keeping Charges in the Local Court

    11. Part 6

  11. Getting evidence, services, support plan
    1. Level of evidence required
    2. Obtaining evidence of intellectual disability
    3. Arranging and funding an assessment
    4. Selecting a psychologist
    5. Getting disability services
    6. About support plans
    7. Types of plans
    8. Examples - DIY plans
    9. Does your client have an appointed guardian?

    13. Part 7

  13. General legal principles
    1. Principles relevant to discretion

    15. Part 8

  15. Instructions and making the application
    1. Possible submissions
    2. The support plan and proposed order
    3. Case study: multiple s32s and increasing services

    17. Part 9

  17. Submissions on links to disability
    1. Possible Links between disability and charges
    2. Casestudy

    19. Part 10

  19. Possible outcomes

    20. Part 11

  20. After an application
    1. If unsuccessful...
    2. Breaches

S32 Step By Step Guide

JS support persons at police stations

A person with intellectual disability is classified as a 'vulnerable person' and entitled to have a support person attend the police station if they are arrested - Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). However, this does not in fact happen for many.

JS provides support persons who can go to a police station, 24/7 days a week iin many areas of NSW if a person with intellectual disability is arrested.

JS (9:00am - 10:00pm, 7 days a week) 1300 665 908 (For persons with intellectual disability under arrest)

    The JS support person at a police station will
  • help the person to stay calm
  • help the person to understand what is happening
  • help the person to understand the caution
  • link the person to legal advice from a JS volunteer solicitor 24/7
  • help the person to understand and abide by the advice given
  • explain bail or other conditions

Give your clients with intellectual disability a JS wallet card to give to police if they are arrested.

Please contact JS to get these - 02 9318 0144

JS support persons at courtAgeing, Disability and Home Care (ADHC)

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