Arbitrary Arrest and Detention (see also Article 13)
Reports indicate that people with disability, particularly those with cognitive impairment are more likely to be questioned, arrested and detained by police for minor public order matters. Police are more likely to inappropriately respond to people with cognitive impairment if they are viewed as having ‘challenging behaviour’.175 Arbitrary arrest and detention often arise in these circumstances.
Case Study
Sarah is in her 50s and has a psychosocial disability. Sarah was unlawfully arrested and falsely imprisoned by the New South Wales Police who had mistaken her identity. The arrest proceeded despite Sarah’s repeated attempts to identify herself and despite the fact that she was well known to local police and there was no warrant or provision of a reason for arrest. Sarah was forced to change in front of the arresting officer and placed in the police wagon despite pleas that she had a broken arm and was recovering from facial reconstruction (due to abuse by her former partner). All this was done in front of Sarah’s seven year old son and no alternative care was arranged for his protection. Once in a holding cell Sarah had a panic attack and requested her asthma puffer and other prescribed medication that was initially refused. Sarah was told she would have to remain in the cell until the next court date in four days time. Sarah was not offered or provided with access to legal counsel and was denied bail. Finally it became apparent to the police that Sarah blatantly didn’t fit the description of the wanted individual and was released. She is now terrified of the police.176 (Sarah’s experiences also have ramifications under Articles 13, 15 and 25)
