Equality before the Law Bench Book

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Table of Contents

Preliminaries

Foreword
Equality Before the Law Bench Book international award
Acknowledgements
Disclaimer
Currency
Using this Bench Book

Section 1 — Equality before the law

1.1 Equality before the law and discrimination
1.2 The diversity of the NSW population
1.3 The importance of perception
1.4 Avoiding bias and stereotyping
1.5 Providing for community and individual difference
1.6 Further reading

Section 2 — First Nations people

2.1 Some statistics
2.2 Some general information
2.3 Practical considerations
2.4 Further information or help
2.5 Further reading
2.6 Your comments

Section 3 — People from culturally and linguistically diverse backgrounds

3.1 Some statistics
3.2 Some information
3.3 Practical considerations
3.4 Further information or help
3.5 Further reading
3.6 Your comments

Section 4 — People with a particular religious affiliation

4.1 Some statistics
4.2 Some information
4.3 The possible impact of religious affiliations in court
4.4 Practical considerations
4.5 Further information or help
4.6 Further reading
4.7 Your comments

Section 5 — People with disabilities

5.1 Defining disability and some statistics
5.2 Some general information
5.3 Legal capacity
5.4 Practical considerations
5.5 Further information or help
5.6 Further reading
5.7 Your comments

Section 6 — Children and young people

6.1 Some information
6.2 Court proceedings
6.3 Child care and protection
6.4 Practical considerations
6.5 Further information or help
6.6 Further reading
6.7 Your comments
Appendix A— Recommended script for use in hearings with children or cognitively impaired witnesses
Appendix B — Interviewing principles to guide communication with vulnerable witnesses, including children and young people

Section 7 — Women

7.1 Introduction
7.2 Socio-economic factors and gender disadvantage
7.3 Sexual harassment
7.4 Intersectional discrimination
7.5 Violence against women
7.6 Women and criminal law
7.7 Practical considerations
7.8 Further information or help
7.9 Further reading
7.10 Your comments

Section 8 — Lesbians, gay men and bisexuals

8.1 Some statistics
8.2 Some information
8.3 Legal recognition
8.4 The possible impact of a person’s lesbianism, homosexuality or bisexuality in court
8.5 Practical considerations
8.6 Further information or help
8.7 Further reading
8.8 Your comments

Section 9 — Sex and gender diverse people

9.1 Introduction
9.2 Trans and gender diverse and transsexual people
9.3 Intersex population
9.4 Legal gender identity
9.5 Interactions in court
9.6 Practical considerations
9.7 Further information or help
9.8 Further reading
9.9 Your comments

Section 10 — Self-represented parties

10.1 Some information
10.2 The impact of self-represented parties on the court
10.3 Practical considerations
10.4 Sentencing, other decisions and judgment or decision writing — points to consider
10.5 Further information or help
10.6 Further reading
10.7 Your comments

Section 11 — Older people

Introduction
11.1 Some information
11.2 Elder Abuse
11.3 Older persons and crime
11.4 Barriers
11.5 Practical considerations
11.6 Further information or help
11.7 Further reading

Section 12 — Trauma-informed courts

12.1 Introduction
12.2 What is “trauma”?
12.3 Trauma and its impact on particular groups
12.4 Practical considerations: embedding a trauma-informed practice
12.5 Conclusion: why be trauma-informed?
12.6 Further information or help
12.7 Further reading

Section 13 — Index and Tables

Index
Table of Cases
Table of Legislation

Section 14 — Your comments

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