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

Without access to psychologists through the courts, youth offenders are being denied a path to diversion and getting stuck in ‘quicksand’

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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.