Young people with acquired brain injury: Preventing entrenchment in the criminal justice system

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This article explores whether children and young people with an acquired brain injury (ABI) might be over-represented in the criminal justice system in Victoria. It also discusses the strengths and weaknesses of the current system in responding to the needs of young people with cognitive impairment.

Interviews were conducted with participants who work closely with young people with brain injury, cognitive disabilities and impairments, and complex trauma. The findings uncover limited identification and diagnosis of ABI; young people’s difficulties comprehending legal and administrative processes; the interaction between ABI, complex trauma and co-occurring conditions; inappropriate or indifferent responses by criminal justice agencies; and that living with an ABI is precarious, in and out of the system.

Appropriate, individualised support for young people with ABI should be provided at an early stage to reduce over-representation and entrenchment in criminal justice systems.


URLs correct as at September 2021

Armytage P & Ogloff J 2017. Meeting needs and reducing offending: Youth justice review and strategy: Executive summary. Melbourne: Victorian Government.

Australian Institute of Health and Welfare 2015. The health of Australia’s prisoners. AIHW cat. no. PHE 207. Canberra: AIHW.

Baidawi S & Sheehan R 2020. ‘Crossover’ children in the youth justice and child protection systems. London: Routledge

Baldry E, Briggs DB, Goldson B & Russell S 2018. Cruel and unusual punishment’: An inter-jurisdictional study of the criminalisation of young people with complex support needs. Journal of Youth Studies 21(5): 636–652.

Berg S 2004. Qualitative research methods for the social sciences, 5th ed. Boston: Pearson Education

Braun V & Clarke V 2006. Using thematic analysis in psychology. Qualitative Research in Psychology 3(2): 77–101.

Brown S & Kelly G 2012. Issues and inequities facing people with acquired brain injury in the criminal justice system. Melbourne: Victorian Coalition of ABI Service Providers Inc

Charmaz K 2014. Constructing grounded theory, 2nd ed. Thousand Oaks: Sage

Chitsabesan P & Hughes N 2016. Mental health needs and neurodevelopmental disorders amongst young offenders: Implications for policy and practice. In J Winstone (ed), Mental health, crime and criminal justice: responses and reforms. London, Palgrave Macmillan: 109–130

Clarke AE, Friese C & Washburn R 2017. Situational analysis grounded theory after the interpretive turn, 2nd ed. Los Angeles: Sage

Corrections Victoria 2008. Protocol between Corrections Victoria, Department of Justice and Disability Services and Department of Human Services 2008. Melbourne: Victorian Government Department of Human Services.

Cunneen C, White RD & Richards K 2015. Juvenile justice: Youth and crime in Australia, 5th ed. Oxford University Press

Eriksson A, Saunders B, Lansdell G & Bunn R 2019. Short fuse and no filter’: Acquired brain injury - how a medical disability transforms into a social and criminal justice concern. International Journal of Law, Crime and Justice 57: 126-136.

Goldson B 2018. Juvenile justice in Europe: Past, present, future. London: Taylor & Francis

Greig H, McGrath A & McFarlane K 2019. ‘Taking the wheels off’: Young people with cognitive impairment in out-of-home care. Psychiatry, Psychology and Law 26(6): 920–937.

Haysom L, Indig D, Moore E & Gaskin C 2014. Intellectual disability in young people in custody in New South Wales, Australia: Prevalence and markers. Journal of Intellectual Disability Research 58(11): 1004-1014.

Hughes N & Chitsabesan P 2015. Supporting young people with neurodevelopmental impairment. London: Centre for Crime and Justice Studies

Hughes N, Williams H, Chitsabesan P, Davies R & Mounce L 2012. Nobody made the connection: The prevalence of neurodisability in young people who offend. London: Office of the Children’s Commissioner

Lansdell G, Saunders B & Eriksson A 2022. Young people with acquired brain injury: Preventing entrenchment in the criminal justice system. Report to the Criminology Research Advisory Council. Canberra: Australian Institute of Criminology

Lansdell G, Saunders B & Eriksson A (eds) 2021. Neurodisability and the criminal justice system: Comparative and therapeutic responses. London: Edward Elgar

Lansdell G, Saunders B, Eriksson A, Bunn R & Baidawi S 2018a. Enhancing the rights and well-being of people with acquired brain injuries in the criminal justice system: Some findings from a qualitative study. Australian Journal of Social Issues 53(2): 88–106.

Lansdell G, Saunders B, Eriksson A, Bunn R & Baidawi S 2018b. ‘I’m not drunk, I have an ABI’: Findings from a qualitative study into systematic changes in responding to people with acquired brain injuries in the criminal justice system. Psychiatry, Psychology and Law 25(5): 737-758.

Mendel R 2011. No place for kids: The case for reducing juvenile incarceration. Baltimore: Annie E. Casey Foundation

New Zealand Ministry of Justice 2013. Youth crime action plan: 20132023. New Zealand Government.

Raskind IG, Shelton RC, Comeau DL, Cooper HLF, Griffith DM & Kegler M 2019. A review of qualitative data analysis practices in health education and health behaviour research. Health Education & Behaviour 46(1): 32–39.

Royal Commission into Victoria’s Mental Health System 2019. Interim report summary. Parliamentary Paper no. 87. Melbourne: Royal Commission into Victoria’s Mental Health System

Saunders B, Lansdell G, Eriksson A & Bunn R 2018. Friend or foe: The media’s power to inform and shape societal attitudes towards people with acquired brain injury. Disability and Society 33(6): 932-953.

Urwin J 2018. A return to social justice: Youth justice, ideology, and philosophy. London: Palgrave McMillan.

Winford S, Howard A & Richter J 2019. Recognition, respect and support: Enabling justice for people with an acquired brain injury. Melbourne: Jesuit Social Services & RMIT University.

Youth Parole Board 2019. Annual report 201819. Melbourne: Victorian Department of Justice and Community Safety.