Justice and Corrections

In Australia and abroad people with brain injury experience a range of problems including poor judgement; difficulty interpreting social settings; poor memory, concentration, decision-making and problem-solving; and behavioural issues including impulsivity and anger outbursts (Brown & Kelly, 2012). These issues can increase the risk of CJS contact, and further disadvantage people once engaged with the CJS. Compared to the general population, people with a brain injury have higher rates of contact with police, more court appearances and more convictions, increased periods of incarceration, and are more likely to be victims of crime.

Brain injury creates multiple challenges for people in custody. Poor understandings of brain injury in the CJS means appropriate responses and supports are lacking, resulting in higher incarceration rates, increased infractions and vulnerability in prison, and increased risk of homelessness upon release (Baldry et al., 2013; Schofield, 2006; Shiroma et al., 2010). Issues with unstable housing, poor decision-making and impulsive behaviour lead to cyclic criminality and increased likelihood of recidivism compared with offenders without brain injury (Ray & Richardson, 2017; Townsend, Hammill and White, 2015).

Women and Aboriginal and Torres Strait Islander peoples are particularly vulnerable within the CJS (Australian Human Rights Commission, 2008). Despite the high prevalence of brain injury in the CJS throughout Australia, processes for identifying and understanding prisoners with brain injury are lacking. Historically, CJS assessment and management processes have reflected poor understandings of brain injury, leading to inappropriate responses and ultimately contributing to recidivism and prison overcrowding (O’Rourke, et al., 2018; Yuhasz, 2013). The need for systematic procedures and effective tools to identify brain injury in the CJS have been called for, with a particular emphasis on the importance of culturally safe assessment tools (COAG, 2016; Dingwall et al., 2010; Sofronoff, 2016).

Synapse are engaged with a number of projects aiming to address some of the inequities faced by people with brain injury in the CJS.