Personal stories

Stories of disability-related experiences in the criminal justice system of Victoria. 

This section contains stories of Poppy and Tom*, who were involved in the Centre for Innovative Justice and Jesuit Social Services’ Enabling Justice project. They have been reproduced here to illustrate the different ways people with disability move through the criminal justice system. These are the experiences, ideas and views of each individual person featured here. Your own situation may be different and these ideas may not work for you or your client.

A further story reflecting the experience of Lina*, a lawyer working with people with disability, is drawn from research with lawyers to create this resource.

The Voices for Change self-advocacy group for people with ABI and lived-experience of the criminal justice system worked with the Centre for Innovative Justice to develop a podcast series called 'Our Voices' for the Commonwealth Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. The podcast series explores the personal experiences of the self-advocates and their priorities for change in the justice system. You can subscribe and listen to the 6 episode podcast series on this link. 

* Not their real names.

"I wasn't believed or heard. I felt invisible." – Poppy.

Poppy's story

Poppy has an ABI as a result of violence in the family home as a child. Poppy later experienced violence at the hands of intimate partners. Police did not recognise Poppy as a victim, nor as someone with an ABI. As a result, rather than getting the help she needed, Poppy was driven deeper into the criminal justice system and ultimately imprisoned.

Throughout her involvement in the justice system, Poppy’s disability was not recognised by police. Poppy was often alone with male police officers and felt threatened. Police laughed and jeered at her and did not offer her support. No one recognised that Poppy might need support as a victim of family violence and as a person with an ABI.

How to use Supporting Justice to provide recognition, respect and support for someone like Poppy

This website has resources to help you recognise the signs of disability and link someone in with support services to ensure their rights are respected in the criminal justice system.

• Offer the Preparing for court: client form (PDF, 236KB) to clients and suggest someone complete it with them. This form helps lawyers recognise signs of disability such as ABI and identify support needs such as victim support.
  
  
• The Services and programs page has links to family violence, victim and witness support services
  
  
• The facts and get reports for court pages have information and further links exploring how to go about getting a confirmation of diagnosis for someone with an ABI.
  
  
• If a person has a confirmed diagnosis they may be eligible for services through the NDIS, which can link them in with sustainable, long-term supports. Access the NDIS has information on pathways into the NDIS.

"I’ve never felt supported. I always feel 'less than'." – Tom.

Tom's story

Tom has been in and out of institutions since he was five. He began using drugs early in life, and as a result of this (and a number of overdoses), he has an ABI. Tom also experiences mental illness and homelessness. In prison, Tom could not get the help he needed to rehabilitate. Similarly, he struggled to complete corrections orders and parole in the community because of his ABI and the lack of available support.

The effects of Tom’s dual disability were not understood and he was made to feel undeserving of support, despite his significant support needs. Tom felt like custodial officers and community corrections officers were not there to help him, and they changed so often that it was hard to keep up. Tom sometimes misunderstood or forgot what he was meant to do, and was confused when he faced penalties for non-compliance.

How to use Supporting Justice to provide recognition, respect and support for someone like Tom

This website has resources to help you recognise the signs of disability and link someone in with support services to ensure their rights are respected in the criminal justice system.

• Offer the Preparing for court: client form (PDF, 236KB) to clients and suggest someone complete it with them. This form helps lawyers recognise signs of disability such as dual disability, establish a client's communication preferences, and identify support needs such as drug and alcohol and housing support.
  
  
• The Services and programs page has links to support directories, drug and alcohol support services, mental health support services, and housing providers.
  
  
• The facts and get reports for court pages have information and further links exploring how to go about getting a confirmation of diagnosis for someone with a dual disability.
  
  
• Victoria’s specialist courts may provide a better environment for a person with dual disability. Access specialist courts explains the different options available.
  
  
• The NDIS may struggle to engage people with complex needs. Access the NDIS has information on different pathways for accessing support, including the pilot Complex Needs Pathway. Services and programs has information on where to go for NDIS assistance.

"The NDIS is complex. As lawyers we need to know how to navigate it so we can better help our clients". – Lina.

Lina's story

Lina is a criminal lawyer and has been working in the justice system for many years. The roll-out of the NDIS has seen a number of services she used to refer her clients to disappear. It feels like more of her clients are ending up in custody than ever before. Lina has many clients who return to her after breaching court orders and falling through the cracks in the overstretched service system.

The lack of referral pathways and long-term funding for programs makes Lina feel like the odds are stacked against her clients no matter how much work she puts into their cases.

Lina feels overworked and unsupported. The rapidly changing service landscape is confusing and she doesn’t feel like there is enough time to understand the NDIS on top of her case load.

Where Lina can find help

This website has resources to help you recognise the signs of disability and link someone in with support services to ensure their rights are respected in the criminal justice system.

• Resources for court and legal professionals provides guides to better supporting clients with disability in the criminal justice system, including effective communication with people with disability, prepare a plea for a client with a disability, get reports for court, access support services, access specialist courts, access the NDIS and more.
  
  
• Offer the Preparing for court: client form (PDF 236KB) to clients and suggest someone complete it with them. This form helps lawyers recognise signs of disability such as dual disability, establish a client's communication preferences, and identify support needs such as drug and alcohol and housing support. By outlining the existing support networks, this form will put lawyers in a better position to identify gaps that are letting down their clients.
  
  
• Services and programs has links to support directories, including services within and outside of the criminal justice system.
  
  
• Access the NDIS provides an introduction to the NDIS for legal professionals. It has links to other websites and resources to learn more about the NDIS. Services and programs has information on where to go for NDIS assistance.