Table Of ContentDecolonising Justice for
Aboriginal Youth with Fetal
Alcohol Spectrum Disorders
This book reflects multidisciplinary and cross-jurisdictional analysis
of issues surrounding Fetal Alcohol Spectrum Disorders (FASD) and
the criminal justice system, and the impact on Aboriginal children,
young people, and their families.
This book provides the first comprehensive and multidisciplinary
account of FASD and its implications for the criminal justice system –
from prevalence and diagnosis to sentencing and culturally secure
training for custodial officers. Situated within a ‘decolonising’ ap-
proach, the authors explore the potential for increased diversion into
Aboriginal community-managed, on-country programmes, enabled
through innovation at the point of first contact with the police, and
non-adversarial, needs-focussed courts. Bringing together advanced
thinking in criminology, Aboriginal justice issues, law, paediatrics,
social work, and Indigenous mental health and well-being, the book
is grounded in research undertaken in Australia, Canada, and New
Zealand. The authors argue for the radical recalibration of both the-
ory and practice around diversion, intervention, and the role of courts
to significantly lower rates of incarceration; that Aboriginal commu-
nities and families are best placed to construct the social and cultural
scaffolding around vulnerable youth that could prevent damaging
contact with the mainstream justice system; and that early diagno-
sis and assessment of FASD may make a crucial difference to the life
chances of Aboriginal youth and their families.
Exploring how, far from providing solutions to FASD, the main-
stream criminal justice system increases the likelihood of adverse out-
comes for children with FASD and their families, this innovative book
will be of great value to researchers and students worldwide interested
in criminal and social justice, criminology, youth justice, social work,
and education.
Harry Blagg is a Professor of Criminology at the University of West-
ern Australia (UWA) Law School and Director of the Aboriginal and
Torres Strait Islander Peoples and Community Justice Centre in the
Law School.
Tamara Tulich is a Senior Lecturer at the UWA Law School.
Robyn Williams is a Nyoongar woman with extensive experience as
a FASD trainer, advocate, and researcher. She works at the Medical
School, Faculty of Health Sciences, Curtin University, and the Uni-
versity of Melbourne.
Raewyn Mutch is a Ngāi Tahu woman of New Zealand and Clinical
Associate Professor at the University of Western Australia, and In-
vited Faculty for the Harvard Program for Refugee Trauma, Global
Mental Health, Trauma and Recovery (2019–2020).
Suzie Edward May is a Lawyer and Research Officer at the UWA Law
School and a member of the Aboriginal and Torres Strait Islander
Peoples and Community Justice Centre.
Dorothy Badry is a Professor in the Faculty of Social Work, University
of Calgary.
Michelle Stewart is an Associate Professor at the University of Regina
on Treaty Four Territory.
Criminology in Focus
Series Editor: Sandra Walklate
This series offers a space for a ‘short format’ book series which show-
cases and puts the spotlight on new research in criminology. We are
interested in books that fit the ‘short-form’ model; for example: theo-
retical think pieces, developments in criminal justice policy, paradigm
shifting innovations in the fields, a compelling case study that would be
of interest to an international readership. We would like to attract ‘big
names’ as well as up-and-coming scholars; all books should speak and
contribute to international criminological debates and conversations.
1 Decolonising Justice for Aboriginal Youth with Fetal Alcohol
Spectrum Disorders
Harry Blagg, Tamara Tulich, Robyn Williams, Raewyn Mutch,
Suzie Edward May, Dorothy Badry and Michelle Stewart
Decolonising Justice for
Aboriginal Youth with
Fetal Alcohol Spectrum
Disorders
Harry Blagg, Tamara Tulich,
Robyn Williams, Raewyn Mutch,
Suzie Edward May, Dorothy Badry,
and Michelle Stewart
First published 2021
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
52 Vanderbilt Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2021 Harry Blagg, Tamara Tulich, Robyn Williams, Raewyn
Mutch, Suzie Edward May, Dorothy Badry, and Michelle Stewart
The right of Harry Blagg, Tamara Tulich, Robyn Williams, Raewyn
Mutch, Suzie Edward May, Dorothy Badry, and Michelle Stewart
to be identified as authors of this work has been asserted by them in
accordance with sections 77 and 78 of the Copyright, Designs and
Patents Act 1988.
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record has been requested for this book
ISBN: 978-0-367-35109-0 (hbk)
ISBN: 978-0-429-32552-6 (ebk)
Typeset in Times New Roman
by codeMantra
This book is dedicated to the memory of Ms Clarke.
Contents
Author biographies xi
Foreword xv
Acknowledgements xix
1 Introduction 1
TAMARA TULICH, HARRY BLAGG, ROBYN WILLIAMS,
DOROTHY BADRY, MICHELLE STEWART, RAEWYN
MUTCH, AND SUZIE EDWARD MAY
2 Children, adolescents, and FASD in the criminal
justice system 18
RAEWYN MUTCH, DOROTHY BADRY,
ROBYN WILLIAMS, AND TAMARA TULICH
3 FASD prevalence and assessment 43
RAEWYN MUTCH, TAMARA TULICH, HARRY BLAGG,
AND SUZIE EDWARD MAY
4 FASD in the courts: fitness to stand trial 78
TAMARA TULICH
5 Sentencing and courts 97
SUZIE EDWARD MAY
6 A decolonising and human rights approach to FASD
training, knowledge, and case practice for justice
involved youth in correctional contexts 111
ROBYN WILLIAMS AND DOROTHY BADRY
