Know your rights: Police interviews with cognitive impairments

People with cognitive impairments are vastly overrepresented in the criminal justice system. Protective measures put in place on initial contact with police ensure that a vulnerable person's rights are protected, the most important being the right to silence. These measures are crucial in ensuring a person with a cognitive impairment doesn't make statements that are adverse to their interest.

The Victoria Police Manual provides that any vulnerable persons should be given appropriate support and police have a duty to use a human rights approach which ensures a fair, accessible and respectful process. At the outset, this support can be provided by telling an accused person with cognitive impairment of their right to have an Independent Third Person (ITP) present during a police interview.