Those who volunteer with the Criminal Justice Support Network need to check their judgment at the door. Several volunteers spoke to EMMA SPILLETT about what to expect when supporting offenders with disabilities.
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When Michael Barnett saw an ad calling for volunteers to help intellectually disabled offenders navigate the legal system, he knew he had something to offer.
The retired electrician had spent many years caring for his daughter, who suffers from schizophrenia, giving him ample opportunity to master his ability to stay calm in a tense situation.
The skill has come in handy in his role with Wollongong's Criminal Justice Support Network, which has sent him behind the walls of some of the country's most notorious prisons.
"We want them to understand that they have rights and they can stand up for themselves."
"I've gone to visit clients in maximum security at Long Bay or Goulburn jail," he said.
"I've sat in the audio-visual link room when they've appeared in court; it's full-on because they're already distressed and you've got to make sure they've heard things properly and try and explain what's happened when it's always a very fleeting appearance."
Such is the role of the network's volunteers, who devote countless hours to helping clients during legal appointments, court dates and sentencing proceedings.
"I try to be the calming influence," Mr Barnett said.
"Going to the courthouse can be very frightening, there's people buzzing around, it's just organised chaos; I try and keep the client calm and assure them that everything is going to be OK."
Fellow volunteer Kathy Speers uses humour and self-deprecation to reach her clients, bonding with them over the mutual sense of confusion often thrown up by legal matters.
"It's such a slippery slope and confusing enough for someone with a 'normal' intellect; if you're slightly disabled, it's even more confusing," she said.
"They misunderstand things told to them - many times they come out of court, don't go to jail and they think they've got away with something; we have to explain that 'no, you haven't, you're on a bond and you have to do this'; we are the ones who make sure they understand."
Volunteers often first meet their clients at the police station, hurrying in to assist when they've been arrested or accused of breaching a court order.
They then try to stay with the client through the whole court process, accompanying them to see their solicitor, sitting with them in the courtroom and helping them fill out forms or sign bonds.
While their role has no specific tasks, all the volunteers agree they see themselves as both advocates and facilitators.
"We are there to relay things back to the client in ordinary, layman's terms," Mr Barnett said.
"Sometimes it's just reminding them what to do in the courtroom ... or sitting with them during the proceedings, it gives them reassurance that they're not alone."
"Sometimes, it's just helping them to realise they don't have to be a victim of the system any more," Ms Speers added.
"We want them to understand that they have rights and they can stand up for themselves."
People with intellectual disabilities, including sufferers of ADHD and autism, are over-represented in the legal system, making up 12 per cent of the state's prison population.
Many struggle with low IQ (below 70), limited attention spans, behavioural issues, difficulty reading and writing and become easily confused.
Often their condition is undiagnosed and untreated, as many become adept at masking their challenges from family, friends and teachers.
Corrina Nolan, the network's regional co-ordinator, has seen thousands of similar cases filter through the service during its decade of operation.
She believes the majority of clients wind up before the court as they simply don't understand that their behaviour is wrong.
"We see a lot of AVO cases where someone might have been isolated, they have behavioural issues that adds to their stress and it results in offending," she said.
"We have a lot of resisting arrest and issues with police and quite a lot of sexual assault cases where people just don't understand appropriate behaviour, it's really hard."
Ms Speers believes many people with intellectual disabilities are "led down the garden path" by troublesome mates and wind up taking the fall in a desperate bid to fit in.
"We've had 18 or 19 year-old boys who have a couple of mates who are on the wild side," she said.
"They're drinking and doing drugs to try and be the same as them but they're already slightly behind, they may have the maturity of a 13 or 14-year-old.
"They tend to be quite easily influenced but when they get caught, their mates are gone and they're stuck with the police; they don't want to dob them in so they take the fall."
It's these cases that require the patience, empathy and listening ear of the volunteers, along with their ability to interact with clients without prejudice.
"The volunteers have to be able to leave their judgment outside," Ms Nolan explained.
"I don't talk about the charges or the case with the clients, I don't need to know that, I just need to make sure they understand what's going on," Mr Barnett added.
Remaining professional while trying to be supportive is the biggest challenge cited by all the volunteers, who sometimes struggle to let the case go when they leave the courtroom.
"Staying emotionally separated is the most difficult part," Mr Barnett said.
"You tend to try and feel for the person, especially when you know they've been dealt a bad hand, but the challenge is cutting off when you come home and forgetting about it."
Ms Speers finds sexual assault cases draining, particularly dealing with families and victims.
"Sometimes you do have to look after yourself first," she said.
"It's really hard; you can feel like 'I can't do this, I'm getting too involved, I need to step away' and you do have to say 'no, I can't do that case'."
Ms Nolan keeps a close eye on her charges, ensuring volunteers who become too emotionally invested are re-assigned.
Dealing with difficult matters is covered in the two-day training mandated by the service, along with legal outcomes and court processes.
But the training can't prepare volunteers for everything - a fact Sharon Phillips quickly discovered.
A volunteer for two years, she admits she still finds the courthouse "frightening".
"Going there for the first time was definitely nerve-racking and you're only going along as a support, so I can only imagine what it's like for the client," she said.
"It's eye-opening - you're not familiar with anything, it was definitely frightening to start with, it still is depending on the situation; the nerves kick in but you just remember what you're there for."
But the volunteers admit all the butterflies are worth it to see clients come out of court and stay out of trouble.
While the service does have repeat offenders, the volunteers said many clients quickly figure out the courthouse is not a location they want to return to.
"We love not seeing them come back," Ms Nolan joked.
"That's the most rewarding part for me," Mr Barnett added.
"Seeing people come out of the courtroom with a treatment plan and not seeing them again - you know they've been following up with their doctors and other agencies, it means the system worked.
"Some get that fright from going to court and it's enough - once you've explained that they can't do certain things, you don't see them again ... if they didn't have that assistance, they might not have understood," Ms Speers said.
Ms Phillips agreed, noting the "thank yous" make the hard work worth it.
"You can see the client isn't as nervous because they've had everything explained to them, they're more understanding of what's transpired and that's really nice to see," she said.
The legal system has also responded positively to the network, recognising the volunteers make the work of lawyers, magistrates and judges easier.
"As the years have gone on, I've noticed a real swing in support from the legal system," Ms Speers said.
"The magistrates and judges know we're here, it makes them realise the defendant has an intellectual disability and often they'll take extra time to explain things or listen a little harder.
"Solicitors have said to me that their job would have been almost impossible if I hadn't been there to help," Mr Barnett added. "I believe we play a very important role in the administration of true justice for these people."
But the current volunteers can't do it alone. Demand for the network has swelled, forcing the service to turn away potential clients and make a desperate bid for more help.
Volunteers don't require any specific legal or health background. They merely need to have time on their hands and a willingness to help.
"Volunteers often have to advocate on behalf of their client so they need to be able to speak to lawyers, speak to magistrates and not be afraid to raise questions, it's a very active role," Ms Nolan said.
- The network is offering training for new volunteers on September 2 and 3. For more information, contact Corrina Nolan on 4228 4040.
- For legal assistance, contact 1300 665 908 between 9am and 10pm.