Indigenous People and Cognitive Disability: An Introduction to Issues in Police Stations

Description

This article draws together some of the major themes which emerged from an exploratory study of the issues facing Indigenous people who have a cognitive disability and come into contact with the criminal justice system as victims and offenders. The study was commissioned by the (now defunct) Aboriginal and Torres Strait Islander Services in May 2004 and was conducted over a period of two months, combining interviews, focus groups and consultations with people working in the areas of Indigenous health, disability and criminal justice. In addition questionnaires were sent to key government and non-government organisations and the relevant literature was surveyed. Forty participants from four states contributed to the project during this period. Due to the tight timeframe of the project, the research focused primarily on the criminal justice systems in NSW, Western Australia and the Northern Territory. The project examined the needs and issues for Indigenous people with cognitive disabilities who come into contact with police stations, courts and prisons. It also explored the specific legal issues for this group, the alternatives to mainstream criminal justice system processes for this group and the relationship between the human service needs of thisgroup and their involvement in the criminal justice system. This article focuses on the issues for Indigenous people with cognitive disabilities in police stations, making it a selective overview of some of the major themes from one section of the report. It concludes that the findings show the issues and procedures relating to Indigenous people with cognitive disabilities in police custody need prompt and serious reconsideration, as there proved to be a critical lack of provisions.

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