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Criminal justice system funding cut, despite $700m prison plans

The criminal justice system will fail to uphold protections both in and out of prison without the appropriate disability funding, according to legal experts.

user iconNaomi Neilson 04 June 2020 Big Law
Criminal justice system
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Australian Lawyers Alliance (ALA) president Andrew Christopoulos has renewed calls for the NSW government to reinstate funding for a program that diverts any alleged offender with intellectual disabilities or a brain injury from prison. He said the decision to cut funding left the legal profession “extraordinarily disappointed” in the system. 

The Cognitive Impairment Diversion Program operated as a pilot in Penrith and Gosford’s local courts. It was run by the Intellectual Disability Rights Service, but from 30 June, the program will cease to operate following the termination of critical government funding. 

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“To create a safer NSW, the focus on the criminal justice system’s interaction with people who have an intellectual disability must be on preventative and support programs, rather than investing in costly and counterproductive prisons,” Mr Christopoulos said. 

The funding cut comes just days after the government announced the $700 million-worth Clarence Correctional Facility, and the largest prison in Australia, is set to open. The ALA said it was shocked the government cancelled modest funding for more prison cells rather than funding programs that would keep people out of the prison system altogether. 

The ALA outlined issues experienced by people with a disability in the system and made recommendations to address them. Mr Christopoulos said without the appropriate support in place, people will continue to cycle in and out of prison without rehabilitation. 

“We know that people with cognitive disability struggle to receive fair and equal treatment in the justice system. Unfortunately, prisoners with intellectual disabilities are routinely subjected to assaults, abuse and bullying by other prisoners and sometimes staff,” Mr Christopoulos said. 

“Saving money by cutting programs such as the Cognitive Impairment Diversion Program and failing to provide early support for people with cognitive impairment [lead] to greater costs to the community and government in the end.”

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