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Dealing with police and the courts is stressful, whether you are a victim of violence or someone accused of a crime. Here, you will find information to give you confidence and help keep you safe. Supporters of people with intellectual disabilities will also find advice to use when the person they care for must deal with the police.
People in our community have contact with police, courts and prisons for various reasons. For example, you might call the police if someone is violent towards you.
On the other hand, someone might call the police for help if you, or someone you support, makes threats or use violence.
In Australia, people with disability are more likely than others to interact with the criminal justice system. This is especially true of people with intellectual, cognitive or psychosocial disabilities.
Whatever the reason for your contact with police, courts or prisons, you have rights that everyone must respect. You have a right to safety, silence, information and support.
You always have the right to ask for help when you need it.
People in our community tell us they have called the police because of:
Even if the police don't need to come where you are, it's still okay to talk to the police about what you should do next. They can:
If you are experiencing violence or abuse, save phone call logs, text messages, photos or other evidence if it is safe to do so. If you need help doing this, ask a trusted person to help you. If you decide to go to the police later, you will have evidence to show them.
You might:
The basics:
When interacting with police, you have the right to:
Read more about your rights in relation the police on the Our Site website (external link).
People with cognitive or complex disabilities may have extra difficulties when dealing with police and the courts. These could include:
In many Australian states and territories, people with intellectual disabilities are considered "vulnerable" under the law. They can have a support person present with them during a police interview.
If police interview someone you support, don't be afraid to speak up for their rights.
In Australia, we have different courts including:
You can find more information on the types of courts on the Our Site website (external link).
People go to court for many different reasons. These include:
In court, people must get information that they can understand. Some people will need an advocate, interpreter, support person or hearing loop.
You also have the right to be safe in court. Some people have to go to court with someone who abused them. It can be scary. If this happens to you, talk to the court or your lawyer. They can help make arrangements to keep you safe.
For example, you could:
Sometimes, after going to court, a person is sent to a prison or correctional facility for a time.
People in prison have human rights, including the right to have what they need to manage their disability where possible.
These rights include:
It's normal to need support and care after experiencing violence or abuse. Support can help you heal and live a full and joyful life. Many people need time to regain confidence and independence after hard times. Taking extra special care of yourself can help. This section of Neve deals with recovery. It covers things like gaining financial independence and building self-confidence. We share self-care tips and advice about reconnecting to your community. We hope it will help you on your healing journey.
Find out moreIf you have experienced violence, you might need to take legal action or go to court. Legal support can help you through the process. Here, we describe services that can help. We explain how to get the most out of the services available.
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