7.7 Difficulties in the Criminal Justice System

parliamentary committee

a small group of MPs who consider and report on a single subject in one or both houses - members can be from any party

royal commission

highest form of inquiry into matters of public concern and importance - established by the government and are given wide powers to investigate and report on an important matter of public concern

intergenerational trauma

psychological response to highly distressing, stressful or oppressive historial events, such as war or significant injustices, which is passed on to future generations

customary law

a body of norms, practices and beliefs that a local community or group of people accept as legal requirements or rules of conduct

Sentencing Advisory Council

independent statutory body that provides statistics on sentencing in Victoria, conducts research, seeks public opinion and advises the Victorian Government on sentencing matters

Diversion Program

a method used in the Magistrates’ Court and Children’s Court to ‘redirect’ offenders away from the court and avoid criminal record by placing them on a plan

First Nations People

describes Aboriginal and Torres Strait Islander people, and recognises they are the land sovereigns

difficulties faced by some First Nations People in the Criminal Justice System

• over-representation in the CJS

• lack of culturally safe legal services

• lack of respect for the right of self-determination

• lack of culturally appropriate sentencing options

• cultural differences

• distrust in the CJS

• language differences

• hardship experiences in prison

loss of self-determination for FNP is caused by

laws and policies put in place over time that have discriminated against FNP

overrepresentation of FNP in the CJS

make up 3.8% of the Australian Population but 32% of prison population

addressing FNP difficulties

• having dedicated funding within the CJS for Aboriginal legal aid - ensure professional and culturally appropraite legal services are avaliable to FNP

• developing specialised courts and programs to ensure cultural differences are addressed in the CJS (Koori Court)

• ongoing cultural competence training for people who work in courts and tribunals to ensure FNP can engage in the CJS

• developing self-determination initiatives

young people

children under 10 (in respect to victims + witnesses)

children aged 10-17, adults aged 18-24

difficulties for young people in the Criminal Justice System

• lack of understanding from CJS

• lack of specialist legal services and courts

• psychological barriers

• negative effects of custody

• lack of formal education

addressing difficulties for Young People in the Criminal Justice System

• YouthLaw

• youth diversion programs

• intemediaries to assist vulnerable witnesses to communicate with the court

• national conversation about increasing the age of criminal responsibility

Culturally and Linguistically Diverse People (CALD)

• overrepresentation in the CJS

• disproportionately affected by family violence

• limited knowledge/ awareness of their rights/ services

• distrust in the CJS

• language differences

• lack of financial resources

• religious/cultural barriers

• racism and discrimination

Addressing difficulties for CALD people

• free interpreters

• avaliability of information in different languages

• specialist CLCs (community legal centres) for asylum seekers and refugees

• advice and resources provided to court personnel to ensure fairness and equality of treatment for all court users

people with disability

includes physical disability, services or complex mental health conditions or disorders, intellectual difficulties, and sensory disabilities

difficulties faced by some disabled people in the Criminal Justice System

• overrepresentation in the CJS

• more likely to experience violence and abuse

• lack of appropriate accommodation for prisoners with a mental health condition

• lack of understanding by able-bodied people about disability

• lack of support services

• physical barriers

• lack of rehabilitation programs

• community attitudes and discrimination

addressing the difficulties faced by disabled people

• multiple specialist courts and programs are avalibale to address the needs of accused people living with a disability

• adjustments can be made to court room processes to accommodate people living with a disability

• specialist adivce/ support is provided by CLCs and VLA