In Victoria Australia and likely in most other Australian and comparative international jurisdiction there is an over representation of people with lived experience of Acquired Brain Injury (ABI) in the criminal justice system. The reasons for this are multiple and compounding and therefore reform cannot be achieved through a simple solution. This chapter explores the possibilities for reform of criminal courts. The chapter proposes that a therapeutic jurisprudence approach that incorporates human rights has the potential to shift courts from being ineffectual and harmful 'agencies of control' to more just, and more effective, 'agencies of dignity'. Principles for reform are proposed. Such principles would underpin the design of the reform itself, lay the foundation for good practice and also provide for better recognition, respect and support for people with lived experience of ABI.
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your Elgar Online account
-
Front Matter
-
Part I: Understanding and responding to neurodisability
-
Part II: Needs of young people with neurodisability
-
Part III: Responses to neurodisability within the criminal justice system
