Justice Advocacy Service

The Justice Advocacy Service (JAS) supports adults and young people with a cognitive impairment who are in contact with the NSW criminal justice system – as victims, witnesses and suspects/defendants. The service supports clients to exercise their rights and fully participate in criminal justice processes.

The JAS is delivered by the Intellectual Disability Rights Service and is available across NSW, including in rural, regional and remote areas. The JAS team use an individual advocacy approach by arranging a support person to be with the victim, witness or suspect/defendant when they are in contact with the criminal justice system. 

A potential client does not need to provide evidence of a cognitive impairment to access the service. If police, court staff, legal representatives, correctional officers or other stakeholders believe the person may have a cognitive impairment, a referral can be made to the JAS.  

From July 2022 the JAS has expanded its functions to include a court-based diversion service in six NSW local courts (Downing Centre, Parramatta, Blacktown, Penrith, Gosford and Lismore local courts).

The court-based diversion service is available to defendants who:

• Appear at the Downing Centre, Parramatta, Blacktown, Penrith, Gosford or Lismore Local Court
• Have a cognitive impairment
• Are eligible for diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020
• Voluntarily agree to participate in the service

The service will promote diversion orders under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 for eligible defendants with a cognitive impairment.

To assist eligible defendants, a JAS Diversion Coordinator has been appointed at each local court, and their role is to:

• Support legal representatives to identify whether a defendant is eligible for a diversion order under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020
• Conduct preliminary screening to assess a defendant for cognitive impairment
• Engage with a defendant’s legal representative/s to understand the evidence needed to support diversion out of the criminal justice system
• Collect existing evidence to support a diagnosis of cognitive impairment, and where existing evidence is not available, broker a timely cognitive assessment from a trained clinician
• Assist a defendant to access to the National Disability Insurance Scheme (NDIS) and engage with other support services in the community

If you, or someone you know, could be supported by the JAS please call 1300 665 908. This service is available 24 hours a day, 7 days a week.

JAS can also be contacted by emailing intakeJAS@idrs.org.au or completing an online referral form.

What is a cognitive impairment?

The Mental Health and Cognitive Impairment Forensic Provisions Act 2020 NSW provides a definition for cognitive impairment. Further, Section 14 of the Act enables a Magistrate to make an order to dismiss a charge or discharge eligible defendants with a cognitive impairment.

Under the Act cognitive impairment may arise from the following conditions but may also arise for other reasons:

• Intellectual disability
• Borderline intellectual functioning
• Dementia 
• An acquired brain injury
• Drug or alcohol related brain damage, including foetal alcohol spectrum disorder
• Autism spectrum disorder 

More information and resources can be found on the JAS website.

Evaluation report

An independent evaluation found the JAS significantly improved the outcomes for people with a cognitive impairment in the criminal justice system by helping them understand and navigate police, court and legal systems and supporting access to diversionary options. 

The evaluation also found the JAS’ geographic coverage, high availability service model and use of volunteers allowed it to meet the demand for supports. It also benefited from strong networks and referral pathways, and the ability to work effectively with other services, particularly Legal Aid NSW and the courts.

Download the Evaluation of the Justice Advocacy Service final report: 4 February 2021 (PDF, 2.4 MB).

Download the Process Evaluation of the Justice Advocacy Service final report: 13 October 2023 (PDF, 1.6 MB)

To request an accessible version of this report or if you have any questions about the JAS program, please contact JAS@justice.nsw.gov.au.