August 17, 2018
Judges look to brains for better justice
Judges look to brains for better justice
Judges are looking for ways they can take account of the impact of brain and mental disability in rangatahi appearing in court.
Chief District Court Judge, Jan-Marie Doogue, and the Principal Youth Court Judge, John Walker, say there is mounting evidence about the impact of neurodisability, mental illness, intellectual disability and acquired brain injury on young offenders.
Chief Judge Doogue says lessons from Youth Court processes could be adopted in the District Court.
Judge Walker says young people with foetal alcohol spectrum disorder, autism, communication disorder, dyslexia, or those suffering from acquired brain injury appear in court at a higher rate than those disabilities occur in the general population.
The Youth Court has well developed processes to take into account those disabilities, including having multi-disciplinary teams in court and ways for young people to participate in their case, but processes do not generally extend into the adult court.
Chief Judge Doogue says if the District Court is to deliver effective responses to offending, the defendant needs to be able to understand what is happening and to be able to fully participate in the hearing.
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