Tanya Jones works with the Justice Advocacy Service Regional branch, which helps victims, witnesses, and defendants with cognitive impairment to exercise their rights and fully participate in the justice system.

"We get referrals from police, from the courts, from Legal Aid, from Aboriginal Legal Service," she said. "When you have a cognitive impairment, you are classified as being a vulnerable person.

"Legislation states that at the police station you have additional rights. You have the right to legal advice, and to have a support person with you to make sure you understand everything that is being said."

JAS has support persons and lawyers available on-call 24/7 to assist police in making sure that these rights are upheld. Mrs Jones said vulnerable people must be protected and afforded their fundamental human rights. It's this passion that spurs her on, even when faced with heartbreaking cases.

"Just recently, I had a call from this mother who was frantic," Mrs Jones said.

"Her son has autism, and he had been arrested and made threats against the family, which he had done many times before. But the police didn't understand the situation so they put an AVO on him which meant he couldn't go home."

The man had not even turned 18, and Mrs Jones said he had lived with his family his whole life. But police said he could not go home.

"We had to find him respite care, and thankfully his NDIS care covered that otherwise he would have had nowhere to go," she said. His mum was devastated ... we just followed up with her, and things are going OK. It's never going to be great, we can't change things, but we can make it better."

Stepping up to help

When Jeremy*, a 19-year-old man with autism, appeared before the court, the magistrate asked for JAS to assist him while the Aboriginal Legal Service represented him.

He has a long history of being in the criminal system.

Jeremy has difficulty understanding and providing information, is upset by changes to routine and is vulnerable to sensory overloads that can incite a flight or fight response due to his autism.

The ALS had applied for a Section 32 order (a defendant with a mental health condition can be discharged without a criminal conviction or a finding of guilt on the proviso that they follow a treatment plan of up to six months). Still, the magistrate was hesitant due to a history of non-compliance.

The justice advocate discovered that although Jeremy was on the NDIS, he was not aware and had not been accessing support. They resolved this, meaning a Section 32 order was granted as the ALS could provide context to his history of non-compliance.

"If not for the JAS, Jeremy was vulnerable to a custodial sentence and further entrenchment in the criminal justice system," Mrs Jones said.

How the service works

There are no age restrictions. It covers about seven main categories: intellectual disability, dementia, autism, borderline intellectual functioning, foetal alcohol spectrum disorder, acquired brain injury and brain injury resulting from overuse of drugs or alcohol.

"Where most services finish once someone is incarcerated, we actually can work with the prison officers and go into the jails and continue to help," Mrs Jones said.

"We do a lot of work with getting people onto NDIS so they can continue to get the resources they need when they get out."

One of the challenges for service providers including police and lawyers is identifying that someone has a cognitive impairment.

"It could be as simple as someone who can't read or write or just says 'yes' without seeming to understand the question," Mrs Jones said.

"People with a cognitive impairment are more likely just to say 'Yes, I am guilty' or 'Yes, I have done this', even if they do not understand what is happening."

Mrs Jones explained that often those who find themselves in the justice system because of their vulnerabilities and had been led into it by someone taking advantage of them.

She said that police officers, lawyers and other court officials are continually improving when identifying someone.

Changes in policing

Riverina Police District Superintendent Bob Noble said the justice advocacy program was another step down the road of a more inclusive society.

"I do think its a positive and encouraging program and an important step in ensuing peoples rights are observed," he said.

Superintendent Noble said it was another sign of the changing nature of policing as the role becomes more complex.

He said officers are trained to recognise those with a cognitive impairment or mental illness and will work to track down a relative or support worker for them.

"We have came a long way with from several decades ago," he said. "Our training is getting better and better and our officers improve every day they are on the job."

JAS is always looking for local volunteers. To find out more, call 1300 665 908 or go to www.justiceadvocacy.org.au. *A pseudonym has been used for privacy reasons.