A number of people with autism spectrum disorders (ASDs) are involved in the Criminal Justice System (CJS) as either victims, witnesses or offenders.

There is no evidence of an association between ASD and criminal offending. In fact, due to the rigid way many people with ASD keep to rules and regulations, they are usually more law-abiding than the general population. People with an ASD are more at risk as victims of crime rather than as offenders.
 
Here we give an overview of the possible reasons why people with ASD may come into contact with the CJS, the procedures involved and the sources of support that are available. The term ASD will be used throughout the information sheet to refer to people across the autism spectrum including those with a diagnosis of autism or Asperger syndrome. Many people with ASD who come into contact with the CJS may be undiagnosed or misdiagnosed.

Prevention

There are various ways to ensure that the response of the police and other criminal justice professionals is appropriate if a person with ASD comes into contact with them. Preferably, these preparations should start from childhood. The following are some general tips:

Ensure that the child or adult with ASD carries an identity card stating their personal details, emergency contacts and an explanation of their condition. It may also be worth mentioning on this card that the person has the right to an appropriate adult (for more information on appropriate adults see the section 'At the police station' below). Autism alert cards containing all this information are available from The National Autistic Society. (See the 'Useful reading and resources' section at the end of this information sheet).

If possible, teach the child or adult to inform any police officers that they come into contact with that they have autism.

Remember that unusual behaviour that seems cute or endearing in a child with ASD may be interpreted as odd or threatening in an adult. It is therefore important to make clear rules about appropriate behaviour from a young age, particularly around obsessional interests. Rules can have their drawbacks for people with ASD as they may be adhered to rigidly and sometimes inappropriately. However, Howlin (1997) suggests it is generally better to establish strict rules during childhood that can be relaxed in adulthood rather than to implement stricter rules in adulthood which may then be resented.

Social stories can be used to teach children and adults with ASD about appropriate social behaviour and what to do in certain situations. For further information on this, please contact the Autism Helpline, or see the resources section at the end of this information sheet.

Investigate social skills training. Unfortunately, provision for this is patchy, but in some areas social skills training is offered through schools, colleges or local autism societies. There are also a number of resources available to use at home. For further information see the resources section at the end of this information sheet or contact the NAS Autism Helpline (see details below).

Keep all the written information you have about your child's condition, for example their diagnosis and any specialist reports ever written about them. These may be useful if they ever come into contact with the police.

The Home Office has produced a useful leaflet called Keep Safe: a guide to personal safety which is aimed at adults with a learning disability. It offers tips on keeping safe in the home and out in the community.

Why might people with ASD become involved in the CJS?

People with ASD experience difficulties with communication, social interaction and social imagination. In addition, they may have sensory difficulties and some coordination problems. Their odd behaviour can sometimes draw unnecessary attention, but in general ASD is a hidden disability and it may not be immediately obvious to the public or people in the CJS that someone with ASD has special needs.

People with ASD can find themselves in contact with the CJS for a variety of reasons. The following examples are the main types of offences people with ASD may commit:

  • Offences relating to social naivety. For example, the desire to have friends has led some people with ASD to be befriended by, and become unwitting accomplices of, criminals. People with ASD often do not understand the motives of other people.
  • Offences of an aggressive nature. These are often related to an unexpected change in routine or to the environment, which may cause great anxiety and distress. A typical example would be a delay in public transport.
  • Offences relating to a misunderstanding of social cues. For example, many people with ASD have difficulties with eye contact, which will often be avoided or may be fleeting. In some cases, eye contact may be prolonged or inappropriate and on occasion this has been interpreted as making unwanted sexual advances.
  • People with ASD often adhere rigidly to rules. They may become extremely agitated if other people break these rules. For example, one man with ASD was known to kick cars that were parked illegally.


People with ASD often do not understand the implications of their behaviour and due to their difficulties with social imagination they often do not learn from past experience. They may repeatedly offend if not offered the correct support and intervention.

In addition, the methods used by the police may exacerbate a situation for someone with ASD. For example, the use of handcuffs and restraint may be extremely frightening for someone with ASD who does not understand what is happening and may not be able to communicate their fears in an appropriate way. This, coupled with the use of loud sirens, may cause an individual to experience sensory overload and try to escape a situation by running away or, in extreme circumstances, hitting out at people, including the police. The very presence of the police may cause great anxiety to a law-abiding person with ASD who has no comprehension of the crime they may have committed.

Criminal acts carried out by people with ASD can be due to a variety of factors, but there is rarely a deliberate intention to hurt others.

Police contact

Initial contact with the police can be very frightening for somebody with an ASD. Should you need to advise the police on how to approach someone with ASD the following would be sensible suggestions:

  • Switch off sirens and flashing lights.
  • Keep calm. People with ASD can often sense anxiety in other people, which in turn can make them more anxious.
  • People with ASD may not understand personal space. They may invade your personal space, or they may need more personal space than the average person.
  • Approach the person in a non threatening way and keep facial expressions and gestures to a minimum.
  • If you know the person's name, use it at the start of each sentence so that they know you are addressing them.
  • Give clear, slow and direct instructions. For example, "Jack, get out the car".
  • Allow the person time to process information and don't expect an immediate response to instructions.
  • Avoid using sarcasm, metaphors or irony. People with ASD may take things literally.
  • Do not shout at the person with ASD.
  • Make sure you explain clearly to the person what is happening. If you are taking them somewhere else, clearly explain where they are going to lessen their anxiety.
  • People with ASD often understand visual information better than spoken words. It may be useful to use visual supports to explain to the person with ASD what is happening or, if they can read, to put it in writing. More information on this is available from the Autism Helpline (see details below). If possible, avoid touching the person.
  • Do not attempt to stop the person from flapping or from other repetitive movements as this can sometimes be a self-calming strategy and may subside once things have clearly been explained to them.
  • Check the person for any injuries in as non-invasive way as possible. They may not be able to communicate if they are in pain.

Police powers

The police have the power to stop people in the street and may ask straightforward questions about a person's name, address and where they are heading. However, police must caution an individual before they can question them about a suspected offence.
 
The police can search a person, their bag or vehicle if they have reasonable grounds for suspecting that they may find:

  • stolen goods
  • a knife or other weapon
  • something that could be used to commit a crime; for example, someone else's credit card
  • drugs.


Strip and intimate searches can only take place if a person is reasonably suspected to be hiding drugs or articles that may cause physical harm. An officer of the same sex must carry out strip and intimate searches. An appropriate adult must be present if the individual is aged under 17 or deemed to be a vulnerable adult.  A record of the search must be kept and a copy of this can be obtained from the police station if required.
 
If a person is arrested they must be informed of the reason. Reasonable force may only be used to detain someone if they attempt to resist or escape, which in the case of people with ASD is a possibility. For further information on this, see the Community Legal Service information leaflet called 'Dealing with the police'. www.clsdirect.org.uk/en/legalhelp/leaflet11_3.jsp

At the police station

Once a person has been detained, they become the responsibility of the custody officer. While detained at the station people have the following basic rights:

  • An interpreter if English is not their first language.
  • An appropriate adult; for example, a family member or someone from the appropriate adult scheme if the detainee is aged under 17 or is deemed to be a vulnerable adult by the Custody Officer. Appropriate adults are usually volunteers. Their role is to look after the welfare of the detainee. They are not able to offer legal advice, and usually do not have any training in ASD.
  • Notification of the arrest to a relative or friend.
  • The right to speak to a solicitor in private. If a person does not have their own solicitor they can speak to a duty solicitor. In many cases, people with ASD will refuse the services of a solicitor as they do not understand their role and become even more confused when another stranger becomes involved.
  • A notice explaining further rights, called Criminal defence services at the police station and in court will be given to the detainee. A full copy of this can be downloaded from the website www.legalservices.gov.uk.


Custody officers have to ask everyone that comes into their custody whether they have a special need. Most people with ASD will reply no to this question, as it is not specific enough for them to understand. By the time the individual is at the police station it is absolutely essential that the person with ASD, or a relative, has informed the police that the person has ASD, as custody officers are rarely able to recognise the condition. However, if the custody officer does suspect the detainee may have a special need, the following process will be triggered:

  • The Force Medical Officer will be called (usually a local GP, often with limited knowledge of ASD) whose main role is to decide whether the individual is fit to be interviewed.
  • If the Force Medical Officer feels a psychiatric assessment is necessary, a duty social worker who is qualified to make an assessment under section 12 of the Mental Health Act will be called to make an assessment. Social workers often have only limited training in ASD and may not recognise if someone has the condition.
  • If the social worker identifies any difficulties, two signatures will be required from psychiatrists in order to take the person out of the CJS and into the mental health system. This does not necessarily mean that the individual will be sectioned.

Police interviews

The police may interview a person about suspected involvement in an offence before any charge is made. The interview will be taped and the interviewee is entitled to have a legal representative present during the interview.

Due to the difficulties people with ASD have with communication and social interaction, any police interview can be extremely difficult. The person may appear very able, with a good or even exceptional vocabulary, and there may be no reason for an interviewing police officer to suspect that the interviewee requires special help. However, the officer may later find they receive blunt answers, the subject is changed and the individual is reluctant to make direct eye contact. The literal way in which people with ASD interpret language can lead to them giving incorrect answers or becoming anxious. All these things contribute to an assumption of guilt. Indeed many of the key interrogation techniques used by interviewers could inadvertently elicit false confessions from a person with ASD.
 
The following are suggestions for interviewing people with ASD in a manner that they may understand, and which should help elicit the correct response:

  • Keep language that is clear, concise and simple.
  • Use short sentences.
  • Use the person's name at the start of each sentence so they know they are being addressed.
  • Avoid the use of any irony, sarcasm or metaphors, as these will be taken literally.
  • Ask specific questions that avoid ambiguity.
  • Be aware that the person with ASD may simply repeat back the question they were asked.
  • If asked a yes or no question, a person with ASD may repeat back the first or last word said with no understanding of the question. Dennis Debbaudt (2002) suggests asking a series of yes or no questions to determine the style and dependability of the response, and then following this up with the key yes or no questions you require an answer to.
  • Allow the individual extra thinking time to process the information.
  • Keep your facial expressions and hand gestures to a minimum.
  • The use of visual supports may be helpful.


The individual may need frequent breaks. Explain clearly that he or she is going to have a break for a specified amount of time and what will happen next. Signs that the person is becoming anxious and in need of a break may include repetitive speech, hand-flapping or other repetitive movements, self-injury such as hand biting, shouting or physical behaviour.

In all cases we would advise that a specialist in the field of autism, such as a clinical psychologist or psychiatrist, be contacted. The NAS Autism Helpline keeps a database of people who may be suitable to contact for this purpose.

Dennis Debbaudt (2002) has a useful chapter on the interview and interrogation of people with ASD in his book, which we would suggest police officers read before interviewing someone with ASD.

At the magistrates' court

In most cases, people with ASD are unfit to plead in court. If an individual does not have their own solicitor, duty solicitors are available at the Magistrates Court. If they recognise that their client has a mental health condition or ASD, a solicitor may ask the magistrate to delay the proceedings until a psychiatric report can be obtained. ASD is classified under the heading of 'Mental and behavioural disorders' under the International Classification of Diseases and is under the sub-group of 'Disorders of psychological development'. This classification offers the option for the magistrate to proceed under mental health rather than criminal legislation. Under the Mental Health Act 1983, section 37, providing the magistrate is satisfied the crime occurred and that the person with ASD is guilty, the following options are available:

  • A hospital order.
  • A guardianship order (where someone is appointed to act as a guardian for the individual).
  • An absolute discharge.

In the Crown Court

The Crown Court is reserved for the most serious of offences. The accused person with ASD should be assessed for their capacity to understand the proceedings. The judge or jury can decide on a person's fitness to plead and can draw on as many psychiatric reports as necessary in order to do this. It is essential by this stage to have a report from a specialist in the field of ASD. Details of a small number of specialists able to act in court cases are available from the NAS Autism Helpline. A solicitor may need to convince the Community Legal Service that paying for this assessment is worthwhile. Sometimes it is easier to obtain a specialist medical report after obtaining medical reports from the persons GP. In some cases, a court may make a hospital order for 28 days for assessment. This will usually be at the local psychiatric unit, where there may not necessarily be a specialist in ASD.

If the client is found unfit to plead the court has the following options:

  • A hospital order.
  • A guardianship order.
  • If the client is found fit to plead, the court proceedings will continue as usual.

The person with ASD as a witness or victim of crime

The suggestions for interviewing people with ASD mentioned previously will also be useful for interviewing someone with ASD who is witness to a crime. As a witness, a person with ASD is entitled to be accompanied by an appropriate adult during their interview.

All witnesses aged under 17 years, and people whose evidence is likely to be diminished because they have a mental disorder within the meaning of the mental health act 1983, or otherwise have significant impairment of intelligence or social functioning, or have a physical disability or physical disorder, are eligible to apply for special measures. These may include:

  • screens, to ensure that the witness cannot see the defendant in court
  • video-recorded evidence
  • live TV links, allowing the witness to give evidence from outside the court
  • clearing the public gallery of the court
  • removal of wigs and gowns in court
  • video-recorded pre-trial cross-examination
  • allowing the witness to use communication aids.
    Further information on these special measures is available from the Crown Prosecution Service (see contacts section below).


A scheme that uses intermediaries to help vulnerable witnesses is being rolled out across England and Wales from April 2008. An intermediary can help a vulnerable witness understand the questions they are asked and can then communicate the witnesss response. Intermediaries can help witnesses at each stage of the criminal justice process.

People with ASD who are victims or witnesses of crime may require specialist counselling. Voice UK and Respond are able to offer this service to some people with the condition. For more information, see the Useful contacts section below.

Complaints against the police

If you need to make a complaint against the police you can directly contact the police force concerned or go to The Independent Police Complaints Commission. For further information, see the Useful contacts section below.

Useful contacts

Legal assistance

Community legal service
Tel: 0845 608 1122
Website: www.justask.org.uk
Able to locate local solicitors.

The Law Society
Tel: 020 72421222
Website: www.lawsociety.org.uk
Database of solicitors in England and Wales.

The Law Society of Scotland
Tel: 0131 226 7411
Website: www.lawscot.org.uk
Database of solicitors on Scotland.

Lawyers for people with a learning disability
Tel: 020 7242 3332
Able to locate local solicitors with experience of representing clients with learning disabilities.

The National Autistic Societys Autism Helpline (see details below) has a very small list of solicitors specialising in criminal law with an understanding of ASD. Please note that the Helpline is unable to offer legal advice.

Specialist counselling

Respond
Tel: 0845 8080700
Website: www.respond.org.uk
Offers a telephone helpline and counselling service for adults with a learning disability who have been victims of abuse, or who have abused others.

Voice UK
Tel: 0870 0133965
Offers a telephone helpline and counselling services for adults and children with learning disabilities who have been abused, and for their parents and carers.

The National Autistic Societys Autism Helpline (see details below) has a small database of counsellors with experience of counselling people with ASD and family members. Please note that the Helpline is unable to offer a counselling service.

Advocacy

Advocacy Resource Exchange
Tel: 07967 622010
Website: www.advocacyresource.net
Features a national database of advocacy organisations.

Action for advocacy
Tel: 020 78207868
Website: www.actionforadvocacy.org.uk
Details of advocacy organisations in the UK.

Appropriate adult schemes

National Appropriate Adult Network
Website: www.appropriateadult.com

Support for victims and witnesses

Victim Support
Tel: 0845 3030900
Website: www.victimsupport.org.uk
Organisation for anyone affected by crime.

Crown Prosecution Service
Website: www.cps.gov.uk
Tel: 020 7796 8500
Produces a useful leaflet on special measures in the CJS for people with disabilities.

Intermediaries Registration Board
Tel: 020 7035 8461
intermediaries@cjs.gsi.gov.uk

Complaints against the police

The Independent Police Complaints Commission
90 High Holborn
London
WC1V 6BH
Tel: 0845 300 2002
Website: www.ipcc.gov.uk
Website includes some useful easy to read leaflets on making a complaint.

Useful reading and resources

Debbaudt, D. (2002). Autism, advocates and law enforcement professionals. London: JKP

Hollins, S. et al. (1994). Going to Court. London: Books beyond words
(A very useful picture book about being a witness in the Crown Court. The pictures suit any crime and any verdict.)

Hollins, S. et al. (1996). You're on trial. London: Books beyond words

Hollins, S. et al. (1996). You're under arrest. London: Books beyond words

Howlin, P. (1997). Autism: Preparing for adulthood. London: Routledge

The National Autistic Society. (2008). Autism: A guide for criminal justice professionals. London: The National Autistic Society

Autism alert cards
A mini-information pack for situations when communication may be difficult. The pack includes a key facts leaflet about autism and a credit-card style insert for emergency contacts.

Police and autism
www.policeandautism.cjb.net
American site with some useful information about avoiding unfortunate situations.

Criminal Justice System Online
www.cjsonline.org
Useful website outlining the work of the Criminal Justice System.

Community Legal Advice
www.clsdirect.org.uk
Free confidential and independent legal advice for residents of England and Wales.

Yourrights.org.uk
www.yourrights.org.uk/your-rights/index.shtml
Useful website from Liberty outlining the rights of victims, witnesses, suspects, defendants and prisoners, amongst others.

NSPCC
0800 0560566
http://www.nspcc.org.uk
Website of The National Society for the Prevention of Cruelty to Children.

Resources for teaching social skills

Gray, C. (2002). My Social Stories Book. London: JKP*
Her website also has some useful information on social stories http://www.thegraycenter.org

Howlin, P. Baron-Cohen, S and Hadwin, J. (1998). Teaching Children with Autism to mind read: A Practical Guide. London: John Wiley & sons Ltd
 
Welton, J. (2004). What did you say? What do you mean? An Illustrated Guide to Understanding Metaphors. London: JKP