Can I suggest to a solicitor that they should consider a Section 32 (s32) application? This can be a touchy subject and depends very much on the circumstances. Here are some suggestions on how you approach this matter. If the solicitor simply isn’t aware the person you are supporting has a cognitive disability, bring this to their attention. With their consent, politely let them know the person has a cognitive disability and say that you have received training from the Criminal Justice Support Network (CJSN) and IDRS and that s32 might be appropriate here. If the solicitor is that the person has a cognitive disability, then with the consent of and on behalf of the person ask the solicitor whether they are considering making a s32 application in these circumstances. If they are not, politely ask them to explain why to the person you are supporting. If they need resources or information to help in preparing a s32 application, please direct them to IDRS. Remember s32 orders are only available in the Court. Can a solicitor refuse me sitting in on a talk with them and the person I am there to support? Sometimes solicitors will feel uncomfortable with a support person sitting in on a conference or meeting. Ultimately, if the person consents and the support person there, then the solicitor should not refuse the support. Apprehended Violence Orders (AVOs) What is an AVO? An AVO is an order made by a court, restricting the behaviour of the person which the order is against and protecting the other person from violence or harassment. There are two types of AVO: Apprehended Domestic Violence Order (ADVO) where the people involved are – related, living together or in a relationship for example husband and wife or residents in a group home
Can I suggest to a solicitor that they should consider a Section 32 (s32) application? This can be a touchy subject and depends very much on the circumstances. Here are some suggestions on how you approach this matter. If the solicitor simply isn’t aware the person you are supporting has a cognitive disability, bring this to their attention. With their consent, politely let them know the person has a cognitive disability and say that you have received training from the Criminal Justice Support Network (CJSN) and IDRS and that s32 might be appropriate here. If the solicitor is that the person has a cognitive disability, then with the consent of and on behalf of the person ask the solicitor whether they are considering making a s32 application in these circumstances. If they are not, politely ask them to explain why to the person you are supporting. If they need resources or information to help in preparing a s32 application, please direct them to IDRS. Remember s32 orders are only available in the Court. Can a solicitor refuse me sitting in on a talk with them and the person I am there to support? Sometimes solicitors will feel uncomfortable with a support person sitting in on a conference or meeting. Ultimately, if the person consents and the support person there, then the solicitor should not refuse the support. Apprehended Violence Orders (AVOs) What is an AVO? An AVO is an order made by a court, restricting the behaviour of the person which the order is against and protecting the other person from violence or harassment. There are two types of AVO: Apprehended Domestic Violence Order (ADVO) – where the people involved are related, living together or in a relationship for example husband and wife or residents in a group home
Navigating-the-Criminal-Justice-System-Participants-Notes.docx