People With Intellectual Disability and the Criminal Justice System (From Intellectually Disabled Offenders, P 11-36, 1987, Dennis Challinger, ed. -- See NCJ-109708)

• NCJ Number: 109709
• Author(s): B Bodna
• Date Published: 1987
• Length: 26 pages
• Sale Source: Australian Institute of Criminology; National Institute of Justice/
• Publication Type: Legislation/Policy Description
• Language: English
• Country: Australia
• Note: For microfiche, see NCJ-109708.

Annotation

This paper discusses how the police, courts, and corrections of Victoria, Australia, manage persons with intellectual disability, victims as well as offenders.

Abstract

After noting that the criminal justice system encounters intellectually disabled persons as both victims and offenders, police contact with such persons is discussed. The discussion focuses on police social services for the intellectually disabled, diversion for such offenders, questioning and interrogation, the identification of intellectual disability, police training for dealing with intellectually disabled persons, and bail and remand for such persons. Other police issues considered are the charging of intellectually disabled persons, police relations with the Office of Intellectual Disability Services, and the role of advocates and independent observers. Victoria's legal aid services for intellectually disabled persons are described, followed by a review of the court's procedures in dealing with such persons in the areas of dispositions, court reports, and the assistance of a friend in court. Other issues examined are sentencing, community-based orders, legislation that provides for the handling of intellectually disabled offenders in noncorrectional institutions, and the management of intellectually disabled persons in prison. 7 references.