Jailing is also failing those with mental health conditions and cognitive disability.  People with disability and mental health conditions including children, are overrepresented across the criminal justice systems in Australia, and are at heightened risk of violence, abuse, neglect and exploitation in criminal justice settings.

More than half of all adults entering prison report being diagnosed by a health professional with a mental health condition.  39% of people in prison have a disability or long-term health condition that impacts their daily life. People with cognitive impairment are also over-represented. The numbers of people in prison who have some form of cognitive impairment vary considerably but estimates sit between 15% and 33%. This is even higher for children. A 2018 study by the Telethon Kids Institute and the University of Western Australia showed 9 out of 10 children who were incarcerated in WA had some form of neuro-disability.

Adults and children with disabilities who are caught up in the criminal justice system have often had very limited access to supports in the community. We need to change this, so that rather than people with disabilities being ‘managed’ in prisons, they are able to receive the kinds of supports in the community that would address the drivers of contact with the justice system.