In a criminal justice system designed for the neurotypical mind, individuals with autism and other neurodivergent conditions often find themselves navigating a landscape fraught with misunderstanding and systemic barriers.
Leah Hester of LMP Legal discusses the challenges autistic individuals face in the criminal justice system and how expert representation can help.
Having represented clients on the autistic spectrum and with ADHD in police investigations and criminal proceedings, I have witnessed the profound disconnect between these individuals and the legal processes that are meant to protect and serve them. Too frequently, they are failed by a system ill-equipped to accommodate their unique needs, resulting in procedural failings and an erosion of their rights and dignity.
Unfortunately, the police do not always have the training necessary to identify neurodivergence in individuals, leading to misjudgements during arrests and police interviews.
This lack of understanding can result in inappropriate handling of individuals with autism, often translating into systemic discrimination.
Understanding Autism Spectrum Disorder (ASD)?
Although understanding and awareness of autism have grown over the years, misconceptions and stigma persist, particularly in the criminal justice system.
There is currently no evidence that autism is a causal factor in criminal behaviour. Most individuals with ASD live quiet lives, preferring to focus on personal interests and routines rather than seeking attention or engaging in disruptive behaviours. However, people with autism spectrum disorder (ASD) often face challenges that can lead to involvement in the criminal justice system.
Many individuals on the spectrum struggle with social communication, understanding social cues, and interpreting the nuances of social interactions – things that most of us take for granted – which can result in misunderstandings or misinterpretations of their behaviour.
This can make them more vulnerable to situations where their behaviour might be misinterpreted, especially in high-stress environments.
Difficulty with impulse control and understanding the consequences of actions can further complicate matters, sometimes leading to the commission of criminal offences.
Many individuals on the autism spectrum are highly sensitive, which can often lead to anxiety and meltdowns in stressful situations. This can manifest in violent acts on others or harming themselves and then encounters with police. Such behaviours are usually perceived as noncompliance or aggression, which can escalate the situation dramatically.
Challenges in Criminal Law: The Legal Thresholds.
Most criminal offences require two elements to be present for a person to be found guilty: the actus reus (guilty act) and mens rea (guilty mind). These elements, particularly mens rea, can be challenging to assess in individuals with autism, especially when it comes to understanding the intentions behind their actions which may be more indicative of impulsive behaviours.
The “reasonable person standard” in criminal law is used to determine how an average person would act under similar circumstances and is a benchmark for assessing the behaviour of individuals in various situations, particularly in consideration of whether a defendant’s actions were justified or whether they constitute a criminal offence.
Rooted in a neurotypical perspective, this legal measure disadvantages autistic defendants by failing to consider their unique cognitive and behavioural profiles.
Representing Clients with Autism at Police Stations.
Due to the difficulties people with ASD have with communication and social interaction, police interviews can be extremely difficult to navigate.
Communication Barriers: A client might initially appear to understand questions but struggle with nuanced legal terms.
Impulsive Responses: These can result in statements that do not accurately reflect their true account, posing risks of misinterpretation.
Comment or No Comment: While a "no comment" interview might protect a client, it can limit options later in court. By offering an account that explains their behaviours, we can help to humanise our clients in the eyes of the justice system and foster an empathetic understanding of their behaviour. Providing an account during police interview may also prepare the way for negotiating the withdrawal of offences.
Liaison and Diversion Schemes.
One significant issue in the representation of individuals with autism during police investigations is the lack of suitable services and support when criminal justice action is deemed inappropriate. While advancements have been made through the establishment of Liaison and Diversion Schemes, these initiatives often fall short in adequately addressing the specific needs of autistic individuals.
Consequently, individuals with autism may remain in the criminal justice system despite the presence of alternative, more beneficial interventions.
This not only perpetuates the challenges faced by these individuals but also places additional pressure on the already burdened criminal justice system.
How LMP Legal Can Help.
Representing clients with neurodivergent issues, such as autism and ADHD, requires a distinctive set of skills marked by patience, compassion, and adaptability. At LMP Legal, we understand the unique challenges faced by individuals with autism in the criminal justice system. Our approach prioritises a comprehensive and empathetic understanding of each individual’s circumstances to provide tailored legal advocacy.
We conduct in-depth consultations, considering our clients' levels of anxiety and communication preferences. Recognising that extra time may be required, we ensure each client feels heard and understood without pressure or judgment. This often means adjusting our traditional practices and communication style to create a more supportive environment. Our team is also happy to meet clients in environments where they feel most comfortable, whether that be at their home or another preferred setting.
Pre-Charge Engagement.
To advocate effectively, we engage early with the police and Crown Prosecution Service (CPS) and prioritise in exploring alternatives to prosecution. Through pre-charge engagement, where appropriate, we will submit defence representations to seek to persuade the prosecuting authorities that a client should not be charged. We will present evidence and arguments that highlight the unique circumstances of our client whilst advocating for diversionary approaches.
We collaborate with specialist psychiatric experts to prepare detailed assessments and reports for use in court proceedings which can be instrumental in securing fair outcomes.
By combining legal expertise with compassionate representation, we work tirelessly to ensure our clients’ rights are upheld and that their unique challenges are acknowledged and accommodated at every stage of the criminal justice process.
Contact us Today.
With our expertise and compassionate approach, we will ensure that you or your loved ones are treated with dignity and fairness. We are committed to advocating for individuals with autism, employing our expertise in pre-charge negotiations with prosecuting authorities to pursue the withdrawal of charges before cases reach the courtroom. Our experienced team focuses on securing the best possible outcomes for our clients at the earliest stages of the legal process.
If you or a loved one is facing a criminal investigation or proceedings, please reach out to find out how we can help and represent you.
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