Chapter 10: Towards dignity: better court pathways for people with lived experience of acquired brain injury
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In Victoria Australia and likely in most other Australian and comparative international jurisdiction there is an over representation of people with lived experience of Acquired Brain Injury (ABI) in the criminal justice system. The reasons for this are multiple and compounding and therefore reform cannot be achieved through a simple solution. This chapter explores the possibilities for reform of criminal courts. The chapter proposes that a therapeutic jurisprudence approach that incorporates human rights has the potential to shift courts from being ineffectual and harmful 'agencies of control' to more just, and more effective, 'agencies of dignity'. Principles for reform are proposed. Such principles would underpin the design of the reform itself, lay the foundation for good practice and also provide for better recognition, respect and support for people with lived experience of ABI.

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