Disability & the Queensland Criminal Justice System

This handbook assists practitioners representing people suffering from a mental illness, intellectual disability or acquired brain injury who have been charged with a criminal offence. Drawing on Dan Toombs’ experience with Queensland law, including through establishment of Australia’s first criminal law service for disabled people, it provides both analysis and practical guidance in a critical area of legal practice throughout the country.

Disability and the Queensland Criminal Justice System addresses the fundamental rights of those with mental disability who encounter the criminal law. Addressing this intersection of law and disability is important because the consequences for individuals can be severe even where offences are minor. In Queensland, being categorised as having a relevant disability leads to offenders being dealt with by a Mental Health Court with substantial powers.

Lawyers will better understand, promote, defend and protect rights of those in this situation through their advice and advocacy. Typically working under pressure of time, the book helps them identify when issues should be pursued, and then by what means. Effective use of case studies and examples also helps equip case workers, medical practitioners and those supporting disabled people facing the criminal justice system to understand rights and obligations under the Mental Health Act 2000 (Qld), and helps all practitioners apply these insights in other jurisdictions.

The author’s experience and support from The Advocacy and Support Centre Inc (TASC) combine in a powerful handbook that can change people’s lives.

 

Book review

From the review of Disability and the Queensland Criminal Justice System in the Tasmanian Law Society Journal, September 2012

“Before you mentally turn off, thinking that this is a Queensland book and of no interest to Tasmanians, let me set you straight. Whilst it focusses on the relevant laws in Queensland, this book raises issues which apply to everyone, no matter where they practice….

“As the spokesperson for our client we must be able to recognise the warning signs and obtain appropriate professional advice for our clients so that we can put the necessary material before the Court. If we don't do this, no one else will….

“I commend this book to anyone who represents clients in the Magistrates' Court or the Supreme Court as I hope it will serve to educate and remind us that our obligations of representation may extend well beyond the simple questions of guilt or innocence and extend to those of whether our client has a mental illness which requires special consideration by the Court either by way of a defence per se, or in mitigation.”

BJM

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  Australian Sentencing eSubscription

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• Introduction
• What is a relevant disability
• Disability and the Queensland criminal justice system
• Sources of disability law
• Queensland mental health legislation
• Considerations for representing a person who may have a disability
• Fitness to plead
• The defence of unsoundness of mind
• The Mental Health Court
• Intellectual disability and the Mental Health Court
• Sentencing
• Appeals against Mental Health Court decisions
• Case studies

General Downloads

• Disability and Qld Crim Justice System Table of Contents Feb 2012 [PDF 51060]

Product Reviews

• (2012) 32 Qld Lawyer 248 [PDF 73470]
• Ethos February 2013 [PDF 136820]
• Hearsay, October 2012 [PDF 298610]
• Law Society of Tas, Law Letter Sept 12 [PDF 107060]
• Proctor April 2013 [PDF 657460]