Search or view whole report

View PDF

Mental illness and participation in the justice system

As noted in Chapters 4 and 5, this report found that there are a number of barriers related to the experience of being mentally ill that can prevent people from accessing legal assistance and participating in the legal system. Being susceptible to stress and not coping with stress may deter people with a mental illness from accessing legal assistance, or from lodging a complaint or an appeal. The stress they experience in the legal system is also compounded by the fact that legal processes can be intimidating and frightening. Courtrooms can be particularly formidable and austere environments. In addition, the adversarial process may not be conducive to their needs as these processes do not enable people to relate more directly with judges and other legal stakeholders. For these reasons, people with a mental illness can benefit greatly from being legally represented, particularly when they have to go to court.

Cognitive impairment, which can be associated with mental illness, may prevent some people from being able to comprehend legal documents, understand what is going on during the legal process and communicate with their lawyer. Furthermore, a lack of organisation and problems with time management—sometimes a characteristic of people with a mental illness—can prevent people from keeping appointments with lawyers and turning up to court on time.

Problems with communication can also pose a barrier to accessing legal assistance and participating in the legal process. People with a mental illness may have problems communicating information, complaints and instructions to their solicitor, which may result in their legal issue not being correctly addressed. These barriers are compounded for people with a mental illness whose first language is not English. According to consultations with service providers, communicating over the phone can also be a barrier for people with a mental illness who are often more comfortable communicating face-to-face. Problems communicating at court or at a tribunal may also present a barrier to people participating effectively in the process, if they are not able to communicate the substance of their complaint.