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Legal Aid News Issue 17: People << Back to index A day in the life of a legal aid children's lawyer Cobham Detention Centre is where Matthew Greenaway conducts regular Wednesday visits, sometimes seeing up to 16 young people a day. Located in Werrington in western Sydney, the centre and court are part of the same complex–a drab lowline cluster of buildings with some barbed wire fencing stuck in the middle of nowhere. Ideas have been mooted to change the face of Cobham. But today, Matthew conducts his visit in modest time-worm surroundings, spending most of his day in the corner of a room exposed to occasional human traffic. 8.00 am Matthew drops into his office at Penrith Legal Aid to peruse e-mails in case there are requests to see young people in custody appearing at other courts aside from Cobham. Today there are two messages to see young people held at Cobham who have matters at Campbelltown Children's Court. So that he knows what to expect out at Cobham, Matthew calls to see how many young people have entered their names in the Legal Aid book asking to see him. When the case worker tells him there are 12, he anticipates an average day taking him through to mid-afternoon with perhaps time over to assist colleagues with some court work. 10.00 am After passing by six security cameras in Admissions, Matthew collects the Legal Aid book and files, noting that he has seen about half these clients before. Since it is raining, he cannot meet with them out in the garden where there is more privacy. Instead, he settles into a stark corner of the Admissions Waiting Room where a plastic desk and chair are secured to the floor. In the distance a Monet print seems strangely out of place with the stained age-old carpet and a satirical poem pinned to the office door, likening Cobham to 'hell on earth'. His first client does not say much but beats out a rhythm with his hands, using the desk as a drum. Charged with robbery, this young man has been in Cobham for 10 months, having complicated matters by committing an offence while on parole. Matthew patiently explains his position about fresh parole, drawing a timeline to clearly show where the rest of the parole period and the new sentence overlap. His client is concerned about confidentiality but is reassured by Matthew's guarantee that neither the police nor juvenile justice staff will have access to notes from the interview. He is next at court in a few weeks. His next client is charged with armed robbery and kidnapping and is scheduled to appear at Campbelltown Children's Court in three weeks. Matthew gives him a chunky file to read explaining it is the police summary of the evidence against him that will be put to the court. "If you think any of the statements or other notes are wrong, put your own notes in the margin and make sure you bring it to court marked up," he advises. His client looks a bit overwhelmed at the extensive reading ahead of him. When Matthew asks about school, his client says he is learning to cook, which includes baking scones and plucking a chook. Reluctantly, he also admits to getting kicked out of his course and getting 'slotted' (a short spell in the holding room for minor behaviour offences, allowing for chill-out time). As the next client arrives, young people and their supervisors start tackling the adjoining garden with pitchforks and spades. A lawnmower rumbles into action making a conversation with the next client rather less audible. This time it is a young man who has been in custody for two months on assault and robbery. "Who will be my solicitor? Will somebody be with me in court? Will I get a barrister? Will my case go to the District Court? Have they got DNA evidence?" His flow of questions indicates to Matthew his client is seriously worried about how the case is running. They discuss the plea. Although his client has considerable trouble controlling his violent behaviour, the file shows he has responded well to courses, which include horticulture, health and drawing classes. Matthew reminds him to behave well and keep applying himself, as the court will consider how he is going in custody when he is sentenced. His next client is going to court the following week but is in a muddle about the number of offences he will be charged with. "Is it nine or 18?" he asks. Most of the charges relate to Demand Property with Menaces with Intent to Steal. The irony of young men walking inches away with menacing-looking shovels and rakes is not lost on Matthew. "It's okay, they're supervised," he says. His client is insisting that his friend has been charged differently and that he 'was just there', which Matthew says is a common statement made by young people who do not understand or take responsibility for group intent. They discuss bail that was originally denied and Matthew explains bail options including Supreme Court bail. "I just want to get it over with," says his client. Matthew reminds him of the obvious: "We've got to do this properly as it will affect the rest of your life.You'll get a hearing date soon and then we'll look closely at your brief as soon as the police provide it to see the case against you." Juvenile offenders stream through the rest of the morning…bail applications, questions like 'What are my chances? What am I likely to get?' 'If I appeal will bail be refused? Can I see my juvenile justice report?'… No surprises today except that one young person, jittery from cabin fever, shakes Matthew's hand profusely, a contrast to his abusive behaviour a few months ago. Most of them keep a lid on it, Matthew finds but out in the real world and buoyed by their mates, find it hard to control their feelings, tending to pit their sheer physical size against others. When Matthew explains that Robbery with Dangerous Weapon matters cannot be heard in a children's court but must go to the District Court, his next client becomes very anxious. He shows even greater discontent when he finds out the children's court allows for bail applications at any time, but the Supreme Court generally only allows one chance. "I want a strong barrister then...I want to talk at my trial," his client insists. "It's more a matter of whether the evidence against you is strong enough to convince a jury," Matthew reminds him. "And also you need to behave yourself in here as the court will look at how good you have been in custody. You're in a privilege unit so that's certainly a good sign." Well, not necessarily, it would seem, as his client now admits to being slotted for 16 hours for bad behaviour and causing disruption. Not uncommon amongst his clients is their sense of unfairness that the matter is proceeding to District Court level. Often they may need reminding of the severity of their offence. Consistently and non-discriminately, Matthew does so in his matter-of-fact way that is neither judgmental nor condoning. Throughout the morning, he keeps putting things into perspective for young men whose bravado allows them to psychologically downplay their offences in their own minds, perhaps in the hope that the justice system won't be harsh with them. None more so than the last client before lunch who sighs at the mention of longterm punishment, insisting his crimes of robbery, receiving stolen goods and causing malicious damage are all merely 'petty'. 12.30 pm Lunch at the centre does not see Matthew sample food cooked by the young people – as appetising as that might be. Instead he goes down the road to McDonalds, the other choices being the tuck truck that arrives at the court or a sandwich from home. 1.15pm Back in the plastic chair, Matthew talks to two brothers charged with serious assault matters, who are down for sentencing in the District Court. They explain their family paid thousands of dollars to a barrister who 'did nothing' and want to know their chances of getting another one through legal aid. Matthew explains the process for applying for legal aid. They are seeing their lawyer soon and will talk to him about legal aid. His next client is appearing in the Youth Drug Court the next day. His offences include negligent driving and break and enter matters. He also has a breach of parole problem. In their first meeting a few weeks ago, this client was 'as high as a kite' but today he is coherent and talks about his different training courses. Matthew explains that if the court finds him legally eligible, his case will be adjourned for two weeks so he can undergo a comprehensive assessment. The assessment will examine his health, education, family life and juvenile justice history. The report will then be passed onto the Joint Assessment Review Team of the Youth Drug Court for the Court to make a decision about whether or not he is admitted to the program. "It's a six-month minimum program and it's very intensive," Matthew reminds him. "If you can't handle yourself or simply take off, you may be terminated from the Drug Court." "Six months is a long time but I guess it's better than being here," his client reflects. "So if I stuffed up after five and a half months, I could still get terminated?" "Give it your best mate you'll be able to get a job and get back on the footy too," encourages Matthew. His last client nurses a bandaged arm because he lashed out when taken into custody, on being given a control order by the court. The charge against him is dangerous driving, causing grievous bodily harm and not stopping at the scene of the accident. They discuss his sentence and whether or not to lodge an appeal. Edgy and rattled, his client waves his bandaged hand, claiming he has mental problems and should not be in Cobham. Matthew explains he will talk to the lawyer who acted for him at the sentencing hearing and will lodge an appeal. 2.30 pm With time up his sleeve, Matthew crosses through to the court and asks his colleagues if they need any assistance with the court list. He picks up a couple of sentencing matters that go without a hitch. He then lodges the bail review applications and appeals arising from the morning's visits. 4.15 pm Back at Penrith office, he gets in touch with case officers, barristers and lawyers to settle issues arising from the interviews and lodges appeals at courts other than Cobham by fax and letter. Then does the obligatory paperwork, recording stats into the computer system and prepares matters for the next day. A tough day? No, apparently just routine. And all delivered with calm and equilibrium. It would obviously take more than a busy day and a greasy McDonalds lunch to phase this particular children's lawyer. "The visiting service is a very important part of the juvenile justice system," he says. "Young people need access to realistic impartial advice whilst they wait in custody. Visiting lawyers help young people understand their matter and regular interviews give them a chance to have questions about their cases answered or followed up before the next court date. Lawyers work cooperatively with the Centre caseworkers to address each young person's concerns." A believer in rehabilitation through education programs, Matthew looks forward to seeing a greater expansion of educational and training facilities for young people held in detention. Depending on what happens in Cobham, there could be considerable change ahead. Matthew will welcome that day, if not for the great benefits it will bring to his young clients, then most certainly for the promise of a private interview room and a more comfortable plastic chair for himself. Did you know? The number of young people held in custody in Juvenile Justice Centres across New South Wales on any one day averages 306. Cobham itself, which is one of the largest, holds up to 61 young people. Legal Aid started the visiting service in 1996 with just one lawyer in response to recommendations arising from a government White Paper on Juvenile Justice. Now, five children's lawyers visit six Juvenile Justice Centres in NSW. Private lawyers are also paid by Legal Aid to visit two other centres. Last year, our lawyers made 296 visits to Juvenile Justice Centres, averaging 117 advice sessions to young people per month. Matthew Greenway in front of Cobham Juvenile Justice Centre. Doing some court work towards the end of the day. |
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