Everyone in the criminal justice system has a right to understand the process and their rights within it.
Effective communication with people with disability is critical to:
Effective communication gives people an understanding of their legal options so they can make informed decisions about how to proceed.
Better communication throughout court processes may also result in less restrictive sentencing options and reduced likelihood of recidivism.
If a person understands and is an active participant in the justice process, research suggests that they will see the process as fair, and be more likely to comply with court orders and the law. Lawyers, judicial officers and other court professionals have an obligation to adjust their practices to ensure proceedings are fair and accessible for people with a disability.
1. Ask the person how they would like to receive your communication and communicate with you. A person may want you to write down what you are saying, use Easy English communication styles or have another person sit in at meetings or at court.
2. Listen, speak to and make eye contact with the person with disability – not another person in the room. Make reasonable adjustments to the way you work. Explain why you can’t make adjustments if they’re not possible.
3. Check regularly that the person can understand what you are communicating. Make sure the person is familiar with the terms and concepts you're using by asking them to explain concepts back to you in their own words.
4. Respond with alternative ways of communicating if you are not being understood. Avoid using long sentences, double-negatives and conflating concepts and questions. Be clear, concise and use straightforward language. Consider using visual tools to supplement your communication, such as drawing abstract concepts or procedures.
5. Respect the individual and their experience by using disability rights language. People with disability do not suffer from their condition, they live with it. People with disability are not courageous for living with their disability, they have a right to access services and live their lives in the community.
1. Assuming you know what a person with disability is experiencing, needs or wants. Every person is different and will have different support needs. Offer support, but be prepared for it to be refused.
2. Using jargon. The criminal justice system is filled with jargon and some of it is unavoidable. Adjournment, undertaking, order, bail, evidence – these are terms that many people do not readily understand. Avoid using jargon and always explain terms if they are going to be used in court, even if the person has been through the justice system before.
3. Rushing. Court is a stressful and time-pressured place for everyone. If there is not enough time to have a respectful interaction, find a time and space where you can. Accept that it may take longer to communicate complex concepts, but this does not mean that they cannot be communicated to and understood by a person with disability.
4. Patronising a person with disability or talking down to them. Use a normal tone of voice. If you don’t understand what someone has said to you, don’t pretend to understand – respectfully ask the person to repeat or rephrase.
5. Interrogating. Avoid asking unnecessary personal questions about someone’s disability or impairment. It can be embarrassing for people to have their symptoms and experiences broadcast in court. Be mindful that some of the information that needs to be communicated about a person is sensitive. If you need to know, explain why and how you will use that information to better support the person with disability.
Be trauma informed. Many people in the criminal justice system have experienced trauma and people with disability are at greater risk.
More information on trauma-informed practice can be found on the NSW Mental Health Coordinating Council (MHCC) website and the Blue Knot Foundation who have produced a guide for applying trauma-informed practice in legal contexts.
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Australian Network on Disability – disability factsheets
Disability Advocacy Resource Unit (DARU) – resources to support effective communication with people with a disability
Procedural Justice – involving individuals in the justice process to improve outcome
Scope (disability service provider) – handbooks to support decision-making in legal contexts for people with a disability
The Advocate's Gateway - resources for legal practitioners and judicial officers on questioning vulnerable witnesses
The Plain English Legal Dictionary: Northern Territory Criminal Law – dictionary of key criminal law terms in plain English, developed by Aboriginal Resource and Development Services, the Aboriginal Interpreter Service and the North Australian Aboriginal Justice Agency
Trauma-informed Care and Practice Organisational Toolkit (TICPOT)
Trauma and the Law: Applying Trauma-Informed Practice to Legal and Judicial Contexts
Villamanta Disability Rights Legal Service – reports on working with people with disability in the criminal justice system
Supporting Justice © Centre for Innovative Justice, RMIT University, 2019
Questions or feedback: contact@supportingjustice.net
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