Going to court can be an intimidating experience for most people; for people with an intellectual or psychiatric disability it may be very traumatic. It is important to assist the person with a disability in understanding the court process, and the role of the magistrate or judge and the lawyers, etc. Where possible, it is worthwhile to allow the person to become familiar with the court setting prior to the hearing. The court may also be asked for some lenience to allow an advocate, guardian or friend to assist at the hearing. This request should be made in advance if possible.

The right to a fair hearing (s.24 of the Charter) and equality before the law (s.8), may be incompatible with any discretion in approving assistance, if a request for assistance is made. It is arguable that for people with a disability, every effort ought to be made to ensure they are fully informed, understand and comprehend the processes and procedures.

The Department of Human Services (DHS) offers certain assistance to people who have an intellectual disability facing legal proceedings, including the preparation of a Justice Plan and a background report for presentation to the sentencing court. Justice Plans are not available to people with a mental illness. A CBO with Justice Plan has a two-year maximum term (see: s.80 Sentencing Act). For further information about the services offered in criminal proceedings, contact DHS, tel: 1800 783 783.

The Court Integrated Services Program (CISP) based at the Melbourne Magistrates' Court, but available to assist with referrals from all other Victorian courts, is a program that offers support to alleged offender and offenders living in the community. In cases where a person with an intellectual or other disability is appearing before the court, contact the Disability Case Manager, tel: 9628 7936 or 9628 7975.