Working Alongside People with Intellectual and Learning Disabilities

Legal issues

Victims Rights

Queensland has adopted 'The Fundamental Principles of Justice' in The Victims of Crime Assistance Act 2009, which set out the following rights for victims of crime.

  • Fair and dignified treatment
  • Privacy of victim
     
  • Information about services
  • Information about investigation of offender
  • Information about prosecution of the offender
  • Victim to be advised on their role as a witness
  • Minimal exposure to and contact with the offender
  • Victim Impact Statements
  • Information about the convicted offender
  • Information about prosecution of the offender

This information is from the Victims Assist website at www.justice.qld.gov.au

 

Get Legal Advice

A victim of crime requires access to professional legal opinion. Legal aid, a community or women's legal centre are all legal services that can provide legal advice to a person about their legal rights and what may happen in their particular case.

As a parent/support worker you may go with the person who has experienced a crime, to a lawyer or help them to find, call and talk to a lawyer. It is important to work in collaboration with them but do not take over or speak for them. Here your role is one of support rather than authority. It may be useful to see yourself as an interpreter rather than the person who tells the story. Part of your role is also to collect all the information they may need and explain what is available for them so that you can explain this in an accurate way later when they are thinking about what actions to take.

Each case is unique and needs to be seen in this light and so you cannot assume you know what will happen to a person and give your opinion as legal advice. It is important people are given all the relevant information about what the legal opinion is in their particular case. Knowing the legal implications is vital in good decision making.

In Queensland a person can have an independent third person with them during a police and legal interview and also in court processes (Equal Treatment Bench Book 2005, www.courts.qld.gov.au)

A support person should not give legal advice and should not make the decision about whether or not a person should see police, a lawyer or report the crime. Neither should a support worker tell a person what they need to do and say to police or a lawyer. It is best that the person who has been a victim of a crime tells police and legal professionals what has happened in their own words.

The role of a support person is to support the person through the process is giving emotional support, standing alongside them during the process, acting as an interpreter – that is explaining things that they do not understand or asking that something is asked or explained again, providing and accessing information that they need during the process.

Communication is a very real difficulty for a number of people and you could see your role as that of being a facilitator or an interpreter, as you relay and clarify information each party gives to the other without adding in your view or interpretation of the situation.

This is some basic general information to assist you based on our knowledge, the current research and our experience. For specific advice consult a lawyer.

It is always important to get accurate advice from professionals in the given area – a lawyer or inquiry with a police information service.
Legal aid: www.legalaid.qld.gov.au -1300 65 11 88
Queensland Police Service: www.police.qld.gov.au or call your local police station.

Making a statement

Professor Susan Hayes (2009) tells us that the first time a person recalls a crime it will be the most accurate telling of what happened. For this reason it is important that if you are the person who hears this, you will need to keep a record of the conversation as told in their words. When they tell you about what has happened, you need to be aware that at some point in time you may be called as a witness on their behalf. This record of conversation could become an important piece of evidence.

Sometimes a person will have already gone to make a statement about the crime to the police. Again it is important for police to know if a person has an intellectual disability because they can alter the way they take evidence.

Making A Statement: An Exploratory Study of Barriers Facing Women with Intellectual Disabilities when Making a Statement about Sexual Assault to the Police (2000). www.idrs.org.au is a good article about the obstacles to making a statement for people with an intellectual difference.

Visiting a lawyer

It is very important that a person is given accurate information so they are informed about the course of action to take. Typically it is a lawyer who will have the most relevant information when a person is a victim of a crime. When a person with an intellectual disability goes to see a lawyer they face significant difficulties that are both individual and systemic.

Systemic issues

At a systemic level the law is complex and abstract and difficult for most ordinary Australians to access and understand. When a person goes to get legal advice they may be given a lengthy opinion delivered in legalistic language and it is unlikely they will fully understand what has been said. If you are going as their support person there are some things you can request that may help them and these are legislated in the Equal Treatment Benchbook 2005
www.courts.qld.gov.au

Some things that help police and lawyers want to know are on the
information for professional's page.

The Court Process

Preparing for court is important and part of doing well giving evidence. It is important the person supporting a person with an intellectual disability in court has a relationship with them and there is trust and respect. This will be an anxious and stressful time they need to be reassured and supported during this time.

It can take people a long time to fully understand what will happen to them in the court. In preparing for court it is useful for them to understand who will be in the court room and what their roles are. There is good information about this on the Department of Justice and Attorney General www.justice.qld.gov.au

Preparing for court

It may have been a very long time since the crime and the court case. They will be anxious about the day. Reassure them and to the best of your ability explain the court process – this may mean that you liaise with a Court Support person from Victims Assist Queensland or contact with Victims Liaison Officer (VLO) who has this knowledge or a community legal service or victim support organisation. The court support workers will remind the victim of crime about the date of the court case and what time and which court the person who has been the victim of crime needs. This person may also be able to arrange for any special measure to be allowed in the court case if needed. This can include the use of screens or CC TV to be used when the person is giving their evidence. A person may also be able to wait in an area away from the offender, all of these arrangements can be arranged with the lawyer and the VLO.

  • Do not talk to them about the crime or their evidence. Their lawyer will explain that they cannot talk about their evidence to other people.
  • Tell them that while waiting at court you can talk about everyday things but not about the evidence in their case.
  • If possible arrange for them to visit the court room before the day of the court case.
  • Remind them if they need to take any papers to court with them.
  • Talk about how people act in a court room and how people dress.
  • Explain that they may have to wait a long time in the court the day they go. Encourage them to take a drink and something to eat and something to do – book game, pack of cards or portable DVD player (if available), with them on the day.
  • Arrange how they will get to court and a meeting place for you, them and their lawyer on the day of the case.
  • Check they understand what will happen by asking them to tell you what will happen.

On the day of court

Ring them to make sure they are up and ready to get to court.

Remember -

  • Do not talk about the details of the case with them, your role is again one of emotional support and to explain what is happening and has been said.
  • Pack a bag to take to court.
  • They will need something to drink.
  • Something to do – a book or magazine to read, a game to play.
  • Stay with them.

When the day is over make sure that they are calm and have an understanding of what has happened and support them to get home safely. You may encourage them to do something special when the case is finished – go out for a meal with friends.

Check that they understand the process and what will happen next – they can talk to court staff if they are unsure about this or have any questions.

Disclaimer
This is basic information and there are times when you will need to respond to the diversity of people and meet their
individual needs.

In these situations please work with the appropriate professionals and follow their instructions in each particular case.

WWILD Sexual Violence Prevention Program is funded by the Department of Communities, QLD. & the WWILD Victims of Crime Disability Training Program is funded by the Department of Justice and Attorney-General, QLD

WWILD Phone: (07) 3262 9877 Email: info@wwild.org.au Address: 211 Hudson Road, WOOLOOWIN QLD 4030 Contact hours: Monday to Friday 8.30am - 4.30pm