Lack of routine disability screening in our criminal justice system | Article

Key Finding 8

Understanding the complex legal needs of people with disability in Western Australia necessitates the examination of key challenges in our current system. One significant issue is the lack of routine disability screening in our criminal justice system.

The current criminal justice system doesn’t sufficiently accommodate the complex needs of people with disability. This deficiency can be attributed to the absence of consistent and thorough disability screening upon entry into the system. As a result, many individuals with disability are often misunderstood, inadequately represented, and insufficiently supported. They may struggle to comprehend the legal processes or express themselves effectively, resulting in a system that is inherently disadvantageous and potentially discriminatory.

In the context of Western Australia, the need for such screening becomes increasingly relevant considering the number of people with disability in the criminal justice system. Regular disability screening can pave the way for better management of these cases, including necessary accommodations, targeted legal aid, and specific therapeutic approaches.

The Disability Justice Centre (DJC) in Western Australia is a step towards addressing these issues. The DJC is a purpose-built facility designed to provide specialised care and supervision for people with disabilities who have been charged with a crime but are considered unfit to plead due to their disability. The centre adopts a person-centred approach, focusing on individualised support and therapeutic justice, promoting rehabilitation rather than punishment.

The DJC’s approach aligns with the fundamental principles of equality, fairness, and human rights, and ensures that individuals are treated appropriately for their circumstances, rather than through a one-size-fits-all approach. Moreover, it reduces the risk of individuals with disabilities falling through the cracks of the justice system, instead providing them with the necessary support to navigate through it.

However, the role of the DJC and routine disability screening in the criminal justice system is just one part of the puzzle. There’s a compelling need to develop referral pathways that are specifically tailored for people with disabilities to community legal services.

Tailored referral pathways are vital because they ensure that individuals with disabilities are linked with the appropriate services to meet their specific needs. These pathways can streamline the process of getting legal help, making it easier for people with disabilities to access the support they require. Moreover, they can help legal services better understand and respond to the unique needs of people with disabilities, enhancing the quality of the support provided.

By fostering greater cooperation between disability services, community legal services, and the criminal justice system, we can ensure more effective, equitable, and just outcomes for people with disability. It’s a step towards dismantling the barriers that prevent people with disabilities from accessing justice on an equal basis with others.

In conclusion, while there is progress in Western Australia with initiatives like the DJC, there’s an urgent need for a more comprehensive approach. Implementing routine disability screening in our criminal justice system and developing tailored referral pathways to legal services is paramount in our journey towards a more inclusive and fair legal landscape.

Further Reading | Lack of routine disability screening in our criminal justice system

(1) Disability Justice Centre – Western Australian Government. https://www.wa.gov.au/organisation/mental-health-advocacy-service/disability-justice-centre.

(2) Bennett Brook Disability Justice Centre – Western Australian Government. https://www.wa.gov.au/service/health-care/community-health-services/bennett-brook-disability-justice-centre.

(3) Disability Justice Service Portal | Western Australian Government. https://www.wa.gov.au/service/health-care/community-health-services/disability-justice-service-portal.

(4) Department Of Justice. https://justice.wa.gov.au.