Terms of reference
Participants
Submissions
Summary of tentative proposals for reform

PART I - INTRODUCTION

1.INTRODUCTION
OVERVIEW
BACKGROUND TO THE COMMISSION’S REFERENCE
What is intellectual disability?
Over-representation in the criminal justice system
THE COMMISSION’S REFERENCE
The Commission’s previous work on criminal procedure and police powers
THE CONDUCT OF THE REFERENCE TO DATE
The Commission’s approach
The Issues Paper
The Research Reports
THE NEXT STEP - THE DISCUSSION PAPERS
The organisation of this Discussion Paper
THE FUTURE CONDUCT OF THE REFERENCE

PART II - GENERAL ISSUES

2.POLICE PROCEDURES
INTRODUCTION - THE CRITICAL NATURE OF THE POLICE ROLE
Police and people with an intellectual disability

Attitudes toward police
Police attitudes on intellectual disability
Conclusions

Police may be disciplined
Complaints about police
Adequacy of the present system
Penalty for breach of the Instructions
Evidence obtained in breach of the Instructions
Conclusions: breach of the Instructions

Breach of a Code of Practice

“Vulnerable” persons in police custody

3.IDENTIFICATION
INTRODUCTION
Lack of recognition by police
POLICE GUIDELINES
Screening tests
Standard questions
Access to support for police
RIGHTS ASSISTANCE CARD
TENTATIVE PROPOSALS FOR REFORM: IDENTIFICATION

4.TRAINING
INTRODUCTION
EXISTING TRAINING PROGRAMS
New South Wales
Victoria
WHAT TRAINING IS APPROPRIATE?
The role of people with disabilities in police training
CONCLUSIONS
TENTATIVE PROPOSALS FOR REFORM: TRAINING

5. ADMINISTRATIVE INITIATIVES
INTRODUCTION
THE DEVELOPMENT OF A POLICE POLICY
SPECIALIST UNITS OR OFFICERS
Existing and proposed alternatives

Intellectual Disability Liaison Officer
General Duties Youth Officer Program
The Wagga Wagga Special Needs Unit

PART III - SUSPECTS

6.POLICE INVESTIGATIONS
INTRODUCTION
POLICE QUESTIONING OF SUSPECTS WITH AN INTELLECTUAL DISABILITY
The NSW Police Commissioner’s Instructions
The “appropriate adult” or “independent person” in police questioning

Who should be the “appropriate adult” or “independent person” in police questioning?
What should be the role of the “appropriate adult” or “independent person”?
The position in other jurisdictions
Conclusions: presence of a third person at police interviews

7.DIVERSION
INTRODUCTION
DIVERSION BY POLICE
The decision to charge
Concerns in relation to police diversion
Options for police

Admissions Centres
Admission to a hospital
Programs for juvenile offenders
Use of a contract-based diversionary system
Community Justice Centres

8.BAIL AND CUSTODY
INTRODUCTION: SUMMONS OR ARREST?
TENTATIVE PROPOSALS FOR REFORM: SUMMONS OR ARREST?
BAIL
Understanding of the bail process
The determination of bail
Understanding and complying with bail conditions
Guardianship issues
Denial of bail due to inadequate services
Special bail provisions
TENTATIVE PROPOSALS FOR REFORM: BAIL
POLICE CUSTODY
Time limits

A special rule for suspects with an intellectual disability?

Custody Officers
The NSW Police Commissioner’s Instructions
Medical issues

PART IV - VICTIMS AND WITNESSES

9.VICTIMS AND WITNESSES
OVERVIEW
REPORTING CRIME
Police response to victims and witnesses with an intellectual disability
Competence
The Guardianship Board
POLICE QUESTIONING OF VICTIMS AND WITNESSES
Coaching and contamination
The Police Commissioner’s Instructions
Role of the third or “support” person
Electronic recording
Alternative investigatory procedures
APPREHENDED VIOLENCE ORDERS
COMPENSATION FOR VICTIMS OF CRIME
WITNESSES
AN EDUCATIVE ROLE FOR THE POLICE?
TENTATIVE PROPOSALS FOR REFORM: VICTIMS AND WITNESSES

APPENDIX A
NSW LAW REFORM COMMISSION PUBLICATIONS RELEASED UNDER THE CRIMINAL PROCEDURE REFERENCE
SUMMARY OF RECOMMENDATIONS FROM THE POLICE POWERS REPORT