What is an Independent Third Person?

An Independent Third Person (ITP) is a volunteer trained to help people with a cognitive disability or mental illness when they are interacting with police as a victim, witness or alleged offender. Cognitive disability includes intellectual disability, acquired brain injury, and dementia. Each year ITPs attend more than 1,000 interviews.

Why is an Independent Third Person needed?

An ITP is a crucial way to protect the rights and interests of people who may be disadvantaged by the effects of their disability. People with cognitive disabilities or mental illness can be disadvantaged in their interactions with police because they can have difficulty:

• understanding complex ideas
• concentrating for a long time
• processing information quickly
• understanding their rights.

Some people with disabilities may be submissive to people in positions of authority and may agree with suggestive questions.

What does an Independent Third Person do?

The police must contact the ITP before they interview the person with a disability. The ITP goes to the police station to:

• facilitate communication between the person with a disability and the police
• assist the person with a disability to understand their rights
• support the person with a disability.

The ITP must be objective. The ITP is not an advocate and does not provide legal advice.

What support does the Independent Third Person Program offer?

The Program provides comprehensive training and ongoing support to ITPs.

Independent Third Person supporting Paul – a case example

Paul, a 23-year-old with an acquired brain injury, was arrested for the theft of a motor vehicle. Paul’s acquired brain injury caused problems with his memory and speech.

The police contacted an ITP who met with Paul before he was interviewed by the police. The ITP explained to Paul that she was a volunteer from the Office of the Public Advocate and did not work for the police. The ITP explained that she was there to assist Paul to understand the police caution, his rights and what was going to happen during the police interview.

Paul explained to the ITP, in his own words, his understanding of the police caution. Paul said to the ITP that he was ‘a bit slow’. He said that school had been difficult and he was often angry. The ITP reassured Paul and established a good rapport with him. The ITP offered to help Paul contact a lawyer and his family or friends.

During the police interview Paul was able to explain to the police his understanding of the caution and his rights. He indicated that he had a memory problem and that he was a little slow. The police reassured Paul that there was plenty of time so there was no hurry. Paul remembered some of the events that took place better than others. The ITP continued to observe Paul and asked if he needed a break. Paul said he was happy to continue. Paul said to the police that what he did was wrong and he was sorry for what he had done, and in his own way would like to make things right. Paul gave consent for his fingerprints and photo to be taken and asked if the ITP would remain with him while the police did this. Paul then contacted a friend to come and pick him up from the police station and take him home.

Contact

1300 309 337
opa.itp@justice.vic.gov.au

Find out more

Find out more about ITPs