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The Guardian - AU
The Guardian - AU
National
Jordyn Beazley

A teenager faces court in regional NSW, but her suspected cognitive impairment goes unrecognised

New South Wales Mental Health
Illustration for Ben Smee feature on watch house
A 2018 NSW inquiry into youth diversion found that 1.5% of young defendants are diverted from a criminal penalty via a treatment plan to help address their condition. Illustration: Jame Gulliver Hancock/The Guardian

When a 14-year-old girl living in a small town in New South Wales appeared before a local court on a property damage charge two years ago, the magistrate tried to avoid giving her a criminal penalty.

It was strongly suspected she had a cognitive impairment, recalls James Clifford, a lawyer for the Aboriginal Legal Service. It’s a condition which can compound the chance of criminal behaviour, leave kids open to manipulation, and see them struggle to understand instructions or bail conditions.

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