Researchers at The Kids Research Institute Australia have developed a range of new resources to help lawyers, judicial officers and other justice professionals better deal with people who are impacted by Fetal Alcohol Spectrum Disorders (FASD).
The program, called 'Understanding FASD - a guide for justice professionals' is designed to help those in the legal profession recognise potential FASD in young people engaged in the criminal justice system and identify the associated legal implications.
It also aims to encourage more justice professionals to consider referring young people for assessment and to consider the diagnosis when making decisions on orders, sentencing and management.
The Kids Research Institute Australia Associate Professor Raewyn Mutch said FASD is a lifelong disability that can impact on the capacity of a person to fully understand and meaningfully participate in the judicial process.
"How the justice system identifies and responds to FASD will have a significant impact on the outcomes for people affected by FASD, their families and the broader community," Associate Professor Mutch said.
"A person with FASD will usually have an IQ at the lower end of normal. A low IQ indicates a degree of cognitive impairment, which can mean a person has trouble remembering, learning new things, concentrating, making decisions and managing day to day activities. A person with FASD can also have difficulty learning from previous mistakes or actions and have problems with judgement which may lead to harsher penalties."
Legal Aid WA lawyer Claire Rossi said people with FASD can have memory deficit which puts them at a disadvantage when they try to explain their behaviour or give evidence.
"The ability of a person with FASD to recall and describe past events may result in different versions on different occasions," she said. "Their instructions may change, not because they are telling lies, but because their memory recall is not good. That also puts them at a disadvantage when giving evidence."
Ms Rossi also said a major feature of FASD was a high level of suggestibility, meaning a person is easily led and likely to agree with propositions that are put to them by people in authority.
"All these factors, along with language difficulties, inevitably create problems for people with a FASD in their dealings with authority figures, in securing adequate legal representation and in comprehending the court process."
Legal Aid WA lawyer Anna O'Connor said in the protection and care jurisdiction, early assessment of children and young people who show signs of FASD may lead to appropriate and targeted interventions and support and might lessen the likelihood of them ending up in contact with the juvenile justice system.
"If professionals in this area are aware of the issue, the indicators of FASD, it may lead to requests for assessments earlier and then if FASD is confirmed, more appropriate interventions, specialised case-management as early as possible and services adapted for children and young people," Ms O'Connor said.
The resources that will be available to justice professionals include a series of five web videos, which were launched on 29 April 2015 by the Hon. Chief Justice of Western Australia Wayne Martin AC. They can be accessed at http://alcoholpregnancy.telethonkids.org.au/our-research/fasd--justice/ (click on the Professional Development tab)
An online Continuing Professional Development (CPD) module for WA lawyers will also be available from the Legal Aid Track-N-Train website from July 2015 http://www.legalaid.wa.gov.au/LegalResources/Train-N-Track/Pages/Default.aspx
Legal professionals can access the FASD and justice section on The Kids Research Institute Australia 'Alcohol, Pregnancy and FASD website'.
Information on FASD is also available in the WA Bench Book 'Equality before the Law'.
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