The wrong kind of attention. How does New South Wales identify and manage children with neurodevelopmental impairments in contact with the criminal justice system? An examination of key legislation, policies and procedures.

Abstract

Children with neurodevelopmental impairments can experience difficulties in one or more neurodevelopmental domains affecting memory, attention, language, behaviour regulation and understanding, communicating and self-regulation. The invisible and hidden nature of these impairments makes it difficult to recognise when a child’s challenging or problematic behaviours are attributable (in whole or in part) to a neurological impairment. There is emerging evidence suggesting children with neurodevelopmental impairments are over-represented in their contact with the criminal justice system. Research indicates many are likely to be undiagnosed and their impairment not taken into account and accommodated when they are progressing through the justice system. Where criminal justice professionals are not notified of, or do not recognise, these impairments, children may be engaging in the justice system in a way that does not satisfy their rights as recognised by both international and domestic law. This thesis looks at how NSW identifies and manages children with neurodevelopmental impairments in contact with the criminal justice system. A key finding of this research is that NSW government agencies and authorities have significant legislative and regulatory obligations applicable to children with neurodevelopmental impairments in contact with the justice system under existing law. However, the actual awareness and realisation of these obligations by NSW criminal justice agencies or professionals is questionable. Across agencies, there is a lack of recognition of this cohort in policies, procedures, training and other written directives. Discussions with NSW criminal justice professionals from various disciplines suggests that there is both an appetite and a need for increased opportunities to expand awareness and understanding of the impact of neurodevelopmental impairment on children in contact with the NSW criminal justice system.