To assess how Fetal Alcohol Spectrum Disorder affected youth in the criminal justice system are dealt with in other jurisdictions

Catherine Crawford travelled to Canada, New Zealand and the United States to assess how Fetal Alcohol Spectrum Disorder affected youth in the criminal justice system are dealt with in other jurisdictions. Catherine’s report aims to generate discussion in Australia about the appropriate response within the criminal justice system. Of course there are differences in substantive law and process between jurisdictions, however the following points are clear:

• Australia has a similar colonial history, broadly similar legal tradition, cultural and social mores;
• Prevalence of FASD in the Australian population is likely to be similar to the other countries, or higher, based on alcohol consumption rates in Australia relative to the other jurisdictions;
• FASD is a lifelong condition;
• Other comparable countries have acknowledged the significance of FASD and taken steps to fund research, support and advocacy.
• Leadership has been shown by national legal organisations, such as the Canadian Bar Association and the American Bar Association urging law reform to avoid criminalization of this vulnerable group, training for justice professionals and resourcing of support services. The criminal justice system is simply one ecosystem within the broader society. An effective response to deal with FASD requires collaboration across government, State and Federal, involving all key human service departments including police, justice, child protection health, disability services, education and corrective services. Alberta is the model to be emulated. Early identification and effective intervention holds the key to better outcomes for FASD affected individuals and their families and to improving community safety by minimising the harm which will otherwise result we continue to ignore the impact of FASD in the community. Currently courts in Australia are ignorant of FASD in the criminal justice population. Of youth incarcerated, 25% or more may be FASD affected.310 Without diagnosis and appropriate intervention, the profile of the disorders suggests a trajectory of escalating behaviours, including aggression and violence. The impairments which attend the disorders in the FASD umbrella will not be ameliorated by increasing prison sentences. FASD is a disability. For children or youth so affected, entry to the criminal justice system needs to focus on achieving two goals: improving the outcomes for the individual and community safety.