What do I need to know?
As a young Person With a Brain Injury
- If you’re a young person and you’re involved with the law, either because you’ve been accused of a crime, you’re on probation, or you’re involved in a diversion program, the first thing you need to know is the YOU ARE NOT ALONE.
- Many young people who come into contact with the law have a history of being hit on the head. Maybe this happened when playing sports or falling off a bike, being in a motor vehicle crash, or being hit by someone else (or hit by an object).
- You don’t need to lose consciousness (be knocked out) to have a brain injury.
- Brain injuries are also referred to as concussions or traumatic brain injuries (TBI).
- People with brain injury can lead live happy, healthy lives.
- This website has been designed to help you and your loved ones navigate brain injury and the criminal justice system.
- Stay calm as best you can. We know this is stressful, BUT you don’t want to give the police any reason to be suspicious).
- You can ask “Am I free to go?” or “Am I being detained?” The police should have a good reason to detain (meaning arrest) you.
- Try to be polite and respectful, no matter how you are feeling inside.
- In the UK, USA, and Canada, you can get a brain injury identification card that you can show to the police.
Free, downloadable Brain Injury Identification Cards:
- Canada: Unfortunately, we don’t have a national Brain Injury identification Card yet. You can request one from the Nanaimo BC Brain Injury Association or The Brain Injury Association of Nova Scotia.
- USA: Brain Injury Identification Card
- UK: Brain Injury Identity Card
After you get arrested:
- The police might take you to the police station for questioning, or,
- The police might let you go.
If you’ve been arrested, the only thing you should say to a police officer is, “I want an attorney (lawyer), and I need an appropriate adult.”
Visit the links below to see a step-by-step breakdown of the different stages of the criminal justice system:
Appropriate Adults are responsible people over the age of 18 who support children at the police station or during police interviews. An appropriate adult can be a parent, friend, or trained volunteer. The appropriate adult’s “job” is to help you talk with the police and to help make sure that the police look out for your rights and welfare.
In Canada, it is the law that your parent must be notified if you have been arrested and detained (e.g., made to stay at the police station).
If I’m over the age of 18, do I still need an ‘Appropriate Adult?
If you’re over 18 and have a Brain Injury, you should still get an Appropriate Adult, but the police have to identify you as “vulnerable” first! Make sure you or a support person clearly tells police you are eligible for an Appropriate Adult! You can also show them a Brain Injury Identification Card.
If you live in the UK, learn more about an Appropriate Adult.
Legal words can have very specific meanings that might not match what you think they mean. Visit the Legal Terminology page to find the meanings of more legal words.
Here are some common legal words:
Arrest means that a police officer is taking you into custody. This means that the police officer is physically bringing you to the police station (usually by putting you in handcuffs and/or putting you in a police car).
Detention means that you are put in jail or some other type of facility while you wait to go to court.
A prosecutor is an attorney who works for the government to convict people of crimes. The prosecutor will be your “opponent” after you are officially charged with a crime.
A defense attorney (also called a crown defender) is an attorney who works on behalf of someone charged with a crime. The defense attorney will represent you and work to help you get out of the legal system.
You need to know the phone number of one person you can call when you have a question. The process is very complicated. Young people, especially those with brain injuries, will need help to navigate every step of this complex process.
When you are in court, you may not know all the words being used. Sometimes the clerks, the lawyers, and the judge are not even talking to you.
You may find that you have trouble with communication, for example:
- Understanding conversations in background noise
- Finding the right words and saying the right thing
- Reading court documents
What’s important is that you have a legal right to be able to communicate! You can:
- Make a Communication Passport to share with your lawyer or anyone on your case. This will help them understand what they can do to help you understand and express yourself.
- Ask your lawyer/solicitor to slow down, or explain things in a different way.
- Ask the bail officer or your probation officer to write some notes for you.
- Say, “I don’t understand”!
- Let your lawyer know about your challenges and strengths.
- Ask for communication accommodations.
Watch this video to identify what parts of communication are challenging for you and what are your strengths.
Remember, you have rights! Communication accessibility is the law in many countries.
- Contact a lawyer. Find out if your lawyer be attending court for you, on designation. If you don’t have lawyer, a duty counsel will be assigned to you.
- Apply for legal aid.
- Contact your probation officer (PO), youth court worker, or social worker to connect you with resources to help address the problems that might have contributed to your arrest (such as financial issues, mental health challenges, family problems, or substance abuse). Let them know if you need help!
Communication Intermediaries or Communication Assistants help people involved in the legal system who have communication difficulties. They are trained to help you to understand questions and to express yourself when talking to the police, judge, or other legal professionals.
Find out more about these supports where you live:
Use a calendar to write important dates down so you don’t forget (reporting dates, court dates).
Make sure you have maps to show you where you need to go. For example:
- The courthouse
- Probation office
- Bail Program office
- A shelter if you need a place to stay
- ID clinic (a place to get legal identification)
You can ask your probation officer or a social worker or youth court worker to help you with this.
Preparing for court
- If you don’t have access to a computer or WiFi, go to court in person, or go to the local library and use their computer and WiFi.
- Do not wear a hat or chew gum.
- Make sure there are no swear words on your t-shirts (even if you’re on zoom).
- Make sure you are aware of what your background looks like.
- If you are doing Zoom court, make sure you know how to work a breakout room, how to mute and unmute yourself, and how to identify your name on the screen.
During court
- A duty counsel lawyer will be there to speak to if you do not have a lawyer – this should be done in private. If you are on Zoom, this should be done in a breakout room.
- If attending court in person, stand up when the judge talks with you.
- When the judge asks you, you are allowed to speak to the judge and tell her or him when you do not understand. (They will say “Do you understand?” It’s okay to say, “No I don’t, can you please explain it to me or say it again in a different way?”)
- The crown attorney (the prosecutor) and your lawyer/solicitor refer to each other in court as “friends” when speaking to the Judge/Magistrate or Justice of the Peace. (For example, “my friend contacted our office this date.”) They are NOT friends. This is how court speaks to each other respectfully.
Learn more about on court ‘etiquette’ (the best/right way to act in court) and meeting with lawyers.
Youth probation officers are kind (or they should be!). They can help you even if you are not on probation. They have no vested interest in making you say or do anything. (This means what you do or say does not affect them directly; they are just trying to help you).
When you are supervised by a Probation Officer (PO), they will help you stay organized. They will want to learn about what strategies you use to help you:
- Remember appointments
- Talk about yourself
- Understand directions, recommendations, and referrals
In order to figure this out, they will talk with you. They may also talk to your parents and school.
Probation Officers are legally required to report suspected or alleged child abuse. They do not talk about you in public, but the notes they take are part of your legal record. It is okay to ask why POs are asking particular questions.
Your personal information is yours. if something is too private, just say so.
All young people are all unique and have their own individual needs that Probation Officers are used to addressing. They want you to be successful!
Sometimes they talk fast. It’s okay to ask them to slow down.
You can contact your local brain injury association for support. Below is a list of brain injury associations for Canada, the UK and the USA:
I’m a Judge /Magistrate, Lawyer/Solicitor/ Youth Justice Worker
As someone who works with youth in the criminal legal context, chances are good you’ve already interacted with someone with a neurodisability. Neurodisability is pretty common in legal contexts (~ 50% averaged across types of injury or disability).
Recent evidence published in the Lancet identified that among youth in the criminal legal system:
- 50% have a Traumatic Brain Injury (TBI)
- 30% have Attention Deficit Hyperactive Disorder (ADHD)
- Up to 36% have Fetal Alcohol Spectrum Disorder (FASD).
Here are some key things to remember when working with this population:
- Skill versus will. Neurodisability frequently causes limitations to memory, executive functioning (decision-making, risk-weighing, etc.), communication, and language that can “look” like an attitude problem or a character shortcoming. In fact, certain types of neurodisability related to language, communication, and learning are routinely mistaken for “conduct disorders.” Don’t conflate TBI/neurodisability with malicious intent.
- Adapt your communication. Keep it simple if you can, pause, and allow the youth the opportunity to let you know if they aren’t following or understanding.
- Consider involving the Court Accessibility Coordinator. Most jurisdictions will have Accessibility coordinators, whose role is to coordinate and support the legal requirements outlined in state, provincial, and federal Accessibility Acts and other relevant legislation, in conjunction with the Accessibility Team.
- Consider intersectionality. TBI/neurodisability is an intersectional issue, just as crime is. Many of the social determinants of neurodisability are also social determinants of asocial behavior (examples: unstable housing, lack of educational resources, unsafe community environment). Learn about the concept of Intersectionality among youth with TBI in the criminal justice system.
- Make a referral to a psychology professional. TBI/neurodisability often goes hand-in-hand with psychological disorders: up to 80% have mental health challenges. These disorders can confound behavior and further limit a child’s ability to navigate social-legal contexts. Similarly, TBI/neurodisability often goes hand-in-hand with adverse childhood experiences (ACES). Up to 96% of youth in criminal legal systems have experienced an ACE. If you know a child has a TBI/Neurodisability but hasn’t been assessed by a psychology professional, do what you can to make the referral happen.
- You don’t need to diagnose or cure a youth with neurodisability; you just need to accommodate them. Many of the youth you encounter will not have a formal diagnosis. The World Health Organization’s International Classification of Functioning, Disability and Health–which is increasingly becoming the gold standard–treats neurodisability as a biopsychosocial phenomenon arising from the interaction between the youth’s neurobiological status, their individual factors, and the external context.
- The goal is rehabilitation. Decades of scholarship and study have made one thing clear: punitive or deterrence justifications for legal systems simply aren’t appropriate for kids with neurodisability (or kids in general). Appellate courts around the world, including the US Supreme Court, are beginning to formally recognize that the system shouldn’t treat kids the way it treats adults; for kids with TBI/neurodisability, the goal is rehabilitation. To whatever extent you can, work towards a rehabilitative outcome (e.g., therapeutic jurisprudence).
- Refer to the UN Declaration on the Rights of the Child in all your actions and decision-making!
- Finally, the onus is on you, the adult legal actor! You have all the authority, knowledge, and experience. This gives you a huge cognitive-behavioral advantage over young people. That advantage is even greater for young people with ABI/neurodisability. Even small accommodations in your actions, your communication, and setting can make a big difference.