Criminal Justice - a guide for police officers and professionals

Autistic people as suspects

All criminal justice professionals may come into contact with autistic people, many of whom may be undiagnosed or misdiagnosed.

In this section you will find information about autistic people, tips for initial police contact, interviews and court appearances, indicators that someone may be autistic, and where to find further information and training.

Why an autistic person may become involved in the Criminal Justice System

As with any member of society, autistic people can become involved in the criminal justice system as victims, witnesses or perpetrators of a crime.

Autism is a lifelong disability which affects how people communicate and interact with the world. All autistic people have difficulties with communication and social interaction. Many autistic people have sensory issues with noise, smells and bright lights, which can be painful and distressing. They can experience intense anxiety and extreme unease around unexpected change.

Their behaviour may appear odd and can sometimes draw unnecessary attention, but in general autism is a hidden disability and it may not be immediately obvious to other people that the person has a disability.

Autistic people are more likely to be victims and witnesses of crime than offenders. When autistic people commit offences, it may be for the following reasons.

Social naivety

The desire to have friends has led some autistic people to be befriended by criminals, and become their unwitting accomplices. Autistic people often do not understand other people’s motives.

Difficulty with change or unexpected events

An unexpected change in the environment or routine, eg a public transport delay, may cause great anxiety and distress, leading to aggressive behaviour.

Misunderstanding of social cues

For example, many autistic people have difficulties with eye contact, which may be avoided, fleeting, prolonged or inappropriate. This may be interpreted as intimidating or alarming.

Rigid adherence to rules

They may become extremely agitated if other people break these rules. For example, an autistic man was known to kick cars that were parked illegally.

Not understanding the implications of their behaviour

Due to difficulties with social imagination, an autistic person might not be able to predict the consequences of their actions or learn from past experience. They may repeatedly offend if not offered the correct support and intervention.

Recognising and approaching autistic suspects

Every autistic person is different, and it may not always be easy at first to tell whether someone is autistic. Nevertheless, if someone’s behaviour and response seems unusual, consider whether that person could be autistic.

The guidelines for approaching and speaking to autistic people are similar to those you would use for approaching any other potentially vulnerable person in a stressful situation.

Indicators that someone may be autistic

Many autistic people do not have a formal diagnosis of autism, or may be unaware that they are autistic. Others may choose not to disclose that they are autistic.

You may suspect that a person is autistic because they display some of the following characteristics.

Does the person you are dealing with…

show unusual (or no) eye contact, and behave inappropriately, unpredictably or unusually?
seem to struggle to understand you?
find it difficult to talk to you?
repeat what you or another person says?
speak honestly, to the point of bluntness or rudeness?
seem unusually anxious, agitated or even scared of you?
display repetitive, obsessional-type behaviour?
show sensitivity to sound, light or touch?
seem not to realise the consequences of what they may have done?

These are all signs that the person may be autistic.

Police contact

Initial police contact can exacerbate a difficult situation. The use of handcuffs and restraint may be extremely frightening for an autistic person 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 result in sensory overload, causing the person to try to run away or hit out at people, including the police. The very presence of the police may cause great anxiety to a law-abiding autistic person who has no comprehension of the crime they may have committed.

You can help manage the situation by:

switching off loud sirens and bright flashing lights
keeping calm. Autistic people can often sense anxiety in other people, which in turn can make them more anxious
giving the person some space. Autistic people may not understand personal space. They may need more personal space than other people or they may invade your personal space
approaching the person in a non-threatening way and keep facial expressions and gestures to a minimum
using the person’s name (if you know it) at the start of each sentence so that they know you are addressing them
giving clear, slow and direct instructions. For example, "Jack, get out of the car"
allowing the person time to process information and don't expect an immediate response to instructions
avoiding using sarcasm, metaphors or irony. An autistic person may take what you say literally
not shouting at the person
making sure you explain clearly what is happening and where you are taking them
using visual information. Autistic people will often understand better if you use visual information. Use  visual supports to explain what is happening or, if they can read, put it in writing 
if possible, avoid touching the person
not trying 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
checking the person for any injuries in as non-invasive way as possible. They may not be able to communicate if they are in pain.

At the police station

An autistic person has the right to an Appropriate Adult.

If the autistic person refuses a solicitor, it may be because they do not understand their role and will feel even more confused when another stranger becomes involved.

When the custody officer asks the person whether they have a disability, most autistic people will say no because the question it is not specific enough.

If the custody officer suspects that the person may have a disability, and contacts the Force Medical Officer, be aware that they may have only limited autism knowledge, and may not recognise that someone has the condition. This could also be true of any social worker who is called. We would advise that a specialist in the field of autism, such as a clinical psychologist or psychiatrist, be contacted.

Police interviews

At the start of any suspect interview, ensure that the autistic interviewee fully understands the separate elements of the caution. Ask the interviewee to explain all elements of the caution to ensure understanding.

Due to the difficulties autistic people have with communication and social interaction, a 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 additional 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 an autistic person might interpret language can lead to them giving incorrect answers or becoming anxious.

All these things contribute to an assumption of guilt. Indeed, some of the interview techniques used by suspect interviewers could inadvertently elicit false confessions from an autistic person.

Here are some suggestions for interviewing autistic people to help elicit the correct response.

Keep language clear, concise and simple.
Use short sentences.
Use their 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 could be taken literally.
Ask specific questions that avoid ambiguity.
Be aware that they may simply repeat back the question they were asked.
If asked a yes or no question, they may repeat back the first or last word said with no understanding of the question. Try asking a series of yes or no questions to determine the style and dependability of the response, and then follow this up with the key yes or no questions you need an answer to.
Allow them 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 person 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 they are 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.

Interviewing autistic people as victims or witnesses

Planning and preparation are key to interviewing autistic victims and witnesses. Liaising with someone who knows the autistic person well about their communication style and needs, best location for the interview, frequency of breaks etc can be really beneficial in helping to plan for the interview.

The use of sketches during the interview could be considered as a technique to assist with the providing evidence. Planning around how this could be used and introduced prior to the interview is also key.

Autistic victims/witnesses and suspects are believed to be more susceptible to suggestive and leading questioning styles.

Ask specific questions that avoid ambiguity. Focus on questions that start with ‘who’, ‘what’, ‘where’ ‘when’ and ‘how’ as opposed to ‘did’, ‘was’, ‘could’ or ‘would’.

At court

If a solicitor recognises that their client is autistic or has a mental health condition, they might ask to delay proceedings until a psychiatric report can be obtained.

In the International Classification of Diseases, autism comes under the heading of 'Mental and behavioural disorders', and under the sub-group of 'Disorders of psychological development'. This offers the magistrate the option to proceed under mental health rather than criminal legislation.

A defendant on the autism spectrum should be assessed for their capacity to understand the proceedings. Some autistic people are unfit to plead in court.

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 to have a report from a specialist in the autism field. Sometimes it is easier to obtain a specialist medical report after obtaining medical reports from the person's 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 an autism specialist.

Autistic witnesses may need special measures and/or a Registered Intermediary who can help the judge and the lawyers to phrase their questions in a way that the person will understand. At the discretion of the judge, these things can also be put in place for a vulnerable defendant.

Police or the Crown Prosecution Service can request a Registered Intermediary through the Witness Intermediary Scheme by contacting the National Crime Agency Specialist Operations Centre (SOC) at soc@nca.x.gsi.gov.uk or on 0845 000 5463. This is for criminal cases only, and SOC can only take requests from the police or CPS, not from individuals.