Notes for group facilitators

Aims

To ensure that people with an intellectual disability have an opportunity to give their general views and comments about treatment of people with an intellectual disability in the criminal justice system, as referred to in the current Issues Paper designed and distributed by the New South Wales Law Reform Commission. The intended participants do not necessarily need to have had significant contact as a victim or offender. The intention is rather to gain peoples’ general perceptions of the processes and functions of the criminal justice system.

Operational Objectives

• That group members have an understanding that their opinions are valuable and will be considered for inclusion in the final report.
• That group members are made aware of the information surrounding the issues in the report so that they are in a position to make informed comments.
• That the discussion process allows for maximum clarification of the issues, thus facilitating optimal conditions for free and to the point discussion.
• That the process of these meetings are conducted in an accessible manner, based on mutual trust, acceptance and respect.
• That opinions and recommendations of group members are collected without change and confirmed verbally with the group members at the conclusion of the session.

Process

The forum will focus on the experiences and knowledge of the group members. Strategies adopted to encourage this include:- brainstorms, problem solving questions, stories using familiar incidents and open discussion.

Session Outline

The session is written with recommended time frames and is based on the session running for 2 hours (from 5.00 pm - 7.00 pm in the attached version). The length of the session may vary at each consultation. The session outline makes recommended time frames for each section to be covered. This guide, however, is not binding and if important issues are being raised, continue the discussion to collect this information. The two Law Reform Commission representatives may be able to assist to identify the relevance and importance of issues if you are in doubt, although it is important to remember that their role be kept to scribing as much as possible. A point to remember is to cover other vital issues before the session is required to finish. To achieve this it is recommended that you become familiar with the session outline, the Issues Paper itself, and the particular issues identified as being a priority. If you find there is little time left, the section on Custodial options can be deleted, as the previous sections are of higher priority and this section may take quite some time to explain.

Role of Facilitator

It is envisaged that your role as facilitator will be one of assisting participants to:

• understand any background information attached to the issues;
• have their say regarding the issues;
• keep discussion to the relevant issues;
• balance discussion ensuring that each member gets a fair opportunity to have their say and that the critical areas are covered; and
• respect confidentiality of each others’ stories.

Strategies

The strategies are designed to encourage participants to have as much control and input in the discussion as possible. Therefore it is vital you present as being prepared to listen and respect what people are saying. By using a variety of strategies, there is more chance that a larger number of people have a chance to have a say and interest in the discussion is more likely to be maintained. Note that some strategies work better with some groups than others. It is useful to be familiar with the strategies to be able to judge which best suits your group members' needs and interests. The four main strategies used in the session are outlined below.

1. Group Discussion

Discussion is seen as a critical tool in encouraging the group members to rely on their own resources and experiences to assist each other to understand the issues and produce valuable opinions and comments for the consultation. Your role is to structure the guidelines for discussion and ensure the goals of the session are being achieved by keeping on track. A point to remember about discussion is that people can wander from the topic, so another role is to maintain the focus of the discussion and prevent other participants from becoming frustrated, disinterested or confused.

2. Stories

This strategy presents stories which use relevant experiences of people with an intellectual disability. The stories have some questions attached. It is recommended to only use the first few questions as these are the most relevant. The others can be referred to if the group have a particular interest in this issue and time allows.

3. Brainstorms

Brainstorms are used to:

• facilitate participants to have a say;
• assist participants to believe that their opinions are of value; and
• help focus the group on the issue at hand.

While you may not be in a position to write things up on a whiteboard, it is still important to record valuable comments. With regular brainstorms, every comment is recorded. While this is desirable it often takes a considerable amount of time to complete, so it is recommended that you discuss and decide which comments are on track and only record these.

4. Forced choice / problem solving questions

These aim to check that the group members are on track and provides another opportunity for them to have a say. If the group is invited to look at these questions it encourages discussion, gives the group members a way of controlling the discussion and may illicit more honest views. These also serve as an evaluation tool for yourself to check if members are following the issues or questions.

5.00 pm - Introduction

Introductions

• Your name(s).
• Names of two Law Reform Commission representatives and their role (note taker).
• Why participants have been invited to meet and what you hope to achieve.

Emphasise that the group have valuable experiences and information which could help to improve the way people with an intellectual disability are treated by the police, in gaols, in courts and by the law in the future (in words the group would understand). Say that the discussion is based on a written report which people are being asked to comment on right now. Say that peoples’ comments will be collected and with their permission used in a final report which will hopefully be used to make things fairer for people with a disability in the future. Explain that the Law Reform Commission representatives may write down your full responses to questions or just a few words of what you say. Explain how the group members were chosen and why.

5.05 pm - Group member introductions

Objectives

• To help members know a bit about each other.
• To reduce nervousness.
• To assist members to concentrate and start listening.
• To have fun.
• To put everyone in the room on a more equal level.
• To encourage the group to believe their thoughts are valuable and will be listened to.

Process

• Explain the exercise, ie say “this is an exercise to relax people and to learn a bit about who is here.”
• Invite each person in turn (ending with the Law Reform Commission representatives) to say their name and a couple of words that explains where they live.

You may need to prompt individuals. If people don’t want to or can’t participate, don’t focus on this but go on. Other members may try to assist anyway. Thank people after they have spoken. It is critical to include yourself and the Law Reform Commission representatives.

5.15 pm - Group agreements

Explain the necessity for some group agreements for the group to run smoothly and to complete what you are all there for. Ask for the group's willingness to remember these:

• Confidentiality (explain what this means and that this covers what members bring up). Stress that this is very important because people may be saying their story that has been private and personal and may have been hurt by it, especially if people are telling their own story.
• Importance of using first names only when telling a story.
• Giving others a fair go. Explain that everyone has something valuable to say and everyone has equal right to their view. The discussions are to get everyone’s views. Remember there are no right or wrong answers, your ideas are the most important thing. Can participants respect this?
• You will ask for permission of participants for their general ideas to be used in the final report at the end of the session. During the session however if a longer story is told we will ask permission then.
• Encourage the group members to say when they do not understand any words or issues. You will commit to explaining these.
• If members need more help with things that have happened to them in their past or any information that would take time from the group, could they keep this for after the group has finished and you will try to assist after the session is over.

Try to gain the group’s agreement on these.

5.20 pm - Repeat aims of session

Reiterate the aims of the discussion, ie say:

The Issues Paper looks at how people with an intellectual disability are treated when:

• they have contact with the police, eg report a crime, get help;
• they have broken the law, eg stealing and murder;
• someone breaks the law against them, eg steals something from you or hurts you;
• they need to go to court; and
• they are in prison and after they leave prison.

We will ask for:

• your ideas about problems or difficulties you may have with all these areas; and
• suggestions from you which could make things fairer/better if you are ever in these situations in the future.

5.25 pm - Define the terms law / victim / crime / witness

Say there are words which are used to describe some of the things we need to talk about. It is important that everyone has the same understanding of what they mean.

Write up these words in front of the group one at a time so that they serve as a prompt. (Seek a simple but accurate answer for each so that the group is all on the same track). Depending on the needs of participants in your group, you may need to write or draw a symbol of the decided definition.

• Ask the group if anyone can say what they think the law is.
Rules which are made for everyone in the community to follow so that everyone can live in a safe and fair place, eg robbery, murder.
• Ask the group if anyone can say what they think a crime is.

When someone breaks the law it is called a crime, eg stealing.
• Ask the group if anyone can say what they think a victim is.

Someone who has a crime done against them, eg sexual assault, stealing, ripping you off.
• Ask the group if anyone can say what they think a witness is.

Someone who sees a crime happen, or knows something about the crime but is not involved.

5.35 pm - About crime

Say:

There are two sides of a crime:
• The person who has the crime done to them, or gets hurt by the crime, the victim; and
• The person who does (or commits) the crime, the offender.
• There can also be someone who sees the crime happen or knows something about the crime, the witness.

Explain you will ask the group to listen to three stories you have made up, about crimes. Say you would like to hear peoples’ ideas about questions you have. This is the first story.

Victims

Story:

Karen goes to buy a car. The salesman tells her it will cost $1,000. Karen needs to sign a paper agreeing how she is going to pay for the car. Karen cannot read. The salesman says “that’s OK, just sign here”. Later that month Karen gets serious phone calls saying she owes $2,000 for the car because that is what she signed to pay. Karen does not know if she should make a complaint or not.

Questions

• Do you think it is easier for people to be unfair and break the law with someone with a disability like Karen than someone without a disability? Why?
• Why do you think Karen would not want to make a complaint about what the salesman did?
• If this happened to you do you think you would know what you could do / where you could go?
• Is there any other help you would need to make the complaint?

Discussion

Ask: Has anyone been hurt by a crime, eg had something stolen, been ripped off or even assaulted or attacked? If yes, ask:

• Did you know what to do about the complaint / where to go?
• Has anyone not wanted to make a complaint or report the crime? Why not?
• What could be done for people with an intellectual disability to help them understand what crimes are, where to report a crime, help them to make complaints easier?

Offenders

Story:

Tony lived in a group home and had a part time job in a warehouse. One day he set fire to the lunch room at work. The police found Tony and wanted to charge him with a crime.

Questions

• Why do you think Tony would have done this?
• Do you think Tony would have understood that setting fire to the room was against the law and he could be punished?

Ask: Does anyone know someone who has broken the law? If yes, ask:

• What happens to people when they break the law?
• What could help people with an intellectual disability understand the law better and learn more about what happens to you if you break the law?

Story:

Jane lives in a group home in Sydney. One day on the way home from work she saw an older man throw a brick through a window, climb in, bring out a handbag and run away.

Questions

• If you saw this happen would you do anything about it?
• If not why not?
• Would you know it was against the law?
• Would you know where to go to report it?
• Would you need any help to report it?
• Is there anything that would stop you from reporting it?

Discussion

Ask: Has anyone here been a witness to a crime? (clarify if necessary) If yes, ask:

• Did you do anything about it?
• Was anything difficult about doing this?
• What could make things easier for people with an intellectual disability to report crimes (when people breaking the law)?

6.00 pm - Police

Explain this next section is about dealing with the police.

Ask: What do the police do?

Write up all relevant comments on a board if possible.

Problem solving questions

Explain that you would now like the group to look at some questions about when you come into contact with the police.

• You will invite people to choose a question - a different person each time. (Out of a box, hat, etc.)
• Explain that you or another group member can help if anyone has difficulty with reading and would like assistance. (You need to go to where the person sits to offer the choice of question.)
• Encourage the group to suggest ideas. Make sure every question is discussed.

6.20 pm - The police caution

Explain that the next section is about what police must say when they want to ask anyone any questions about a crime. When the police want to ask questions of you when they think you might have been involved in a crime, they give you a warning.

Say: I am going to read the warning, like the police say it and I would like you to listen and when I have finished, say what you think the warning means. This is the warning.

“I am going to ask you certain questions. You are not obliged to answer unless you wish to do so, but whatever you say may be used in evidence. Do you understand that?”

Repeat if necessary. Then ask:

• What do you understand by that?
• Can anyone say what the word “evidence” means in this warning?
• Do you think some people would answer “yes” to this question even if you did not understand it? Why?
• How can the police check that people have understood the question?

Inform people that the caution means:

“The police want to ask you questions. You do not have to answer them. If you do, the police will write them down. Later on, whatever you said can be read out in court and used to help the court show you broke the law.”

6.30 pm - Word understanding

Say: This next section is about words that are used often, to do with breaking the law. We would like to know what people understand about them. I am going to pass around some cards with one of these words on each card.

(See Attachment B for the words. Have them already cut up in preparation. The words are: bail, arrest, court, prison, lawyer.)

Offer one to those interested. Offer first to those who have had little chance to have their say. If they do not know the word they can swap or pass it on. Stress that it is not a problem if you do not know anything about the word.

Say: I would like each person one at a time, to read the word on their card and say what you know about this word. The rest of the group can add what their thoughts are.

Before you go on to the next card, ask if anyone has had any experiences associated with any of these words.

With the words “court” and “lawyer” ask these questions:

• Do you feel that these people: would know you have a disability,
• Do you feel that these people: should know you have a disability,
• Do you feel that these people: understand what intellectual disability is?

6.40 pm - Confessions

Say this next section is about people who agree they have broken the law when they really have not. Explain that again you would like to tell a story and ask some questions.

Story:

Allen was walking along the street. Two police officers saw him and asked him to go with them to the police station because they wanted to ask him some questions. Allen liked the ride in the police car and being given a seat in one of the offices at the station. The police ask him if he knows anything about a bike that was stolen last week. Allen says that he took it. The more happy the police look, the more Allen agrees to. The police charge Allen with stealing the bike even though he did not take it. He must then go to court.

Questions

• Why do you think Allen said he stole the bike when he didn’t?
• Do you think Allen understood what was happening?
• What could be done to make sure that Allen is only charged for something he really did do?

Say: The next section is about breaking the law and punishment. When people with an intellectual disability break the law in NSW, sometimes the punishment is that they go to prison like other criminals. Sending people to prison is supposed to stop them from breaking the law again.

Often people with an intellectual disability do not understand what prison is like and how long they must stay there. Sometimes prisoners with a disability are treated badly or unfairly by other prisoners because of their disability. Sometimes prisoners with a disability learn more criminal behaviours from other prisoners.

Ask the following questions:

• Should people with an intellectual disability go to prison as punishment for breaking the law or should there be other places which would be better?
• Do you think that being in prison is the way to teach people with a disability that breaking the law is wrong?
• If people with a disability have to go to prison, how should they be treated there?

• Ask the group: “Is there anything else anyone wants the Law Reform Commission to put into their report?
• Encourage participants to help their friends to ring the Law Reform Commission if they have any stories. Law Reform Commission representatives to hand out the contact paper. (See Appendix C)
• Thank the group for their valuable ideas and their help in improving the quality of services for people with an intellectual disability.
• The Law Reform Commission representatives will go through and mention some of the issues they would like to use. Check that this is OK by everyone to use what has been said today. Ask if there is anything the participants do not want us to mention.
• Explain how transport home will be arranged.

• If you needed to talk with police, where and how would you find them?
• Do you think the police know much about intellectual disability?
• Should the police have to learn about what intellectual disability is and is not?
• What should be involved in this training?
• Do you think the police would take the time to help you understand things like your rights or words you do not understand?
• Some people say that police stations are scary. They say that police asking them questions is frightening.
• Why do you think this is?
• What could make it less frightening?

Attachment B