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Criminal Justice
All criminal justice professionals may come into contact with someone who has autism, particularly police officers, solicitors, barristers, magistrates, justices of the peace, the judiciary and the courts.
Due to the rigid way that 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.
Individuals with autism who come into contact with the Criminal Justice System are likely to be from the more able end of the spectrum, with high-functioning autism or Asperger syndrome, as they generally have a greater degree of independence than those whose autism is accompanied by severe learning difficulties. Those at the less able end of the spectrum, with classic ‘Kanner’ autism, may have little or no speech, may attend day services, live in residential services, or be in the constant care of their parents, so are likely to spend much of their time in the presence of support workers or family members. However, the command of spoken language in a person with high-functioning autism or Asperger syndrome does not necessarily indicate their true level of understanding or social awareness. Their apparent independence can mask their social disability: many people with autism are often confused by what goes on around them and may well be vulnerable individuals.
People with autism often find unexpected situations extremely difficult to cope with. In a dangerous situation where they are being intimidated, they may not know how to respond and will therefore become increasingly anxious. Sometimes individuals with autism become involved in activity which alarms others or which breaks the law. This may well not be intentional.
People with ASD can find themselves in contact with the criminal justice system 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.
It is essential that those who come into contact with a person with an ASD are able to respond appropriately.
Autism Alert Cards
Autism Alert cards are produced by The National Autistic Society, and although whilst not currently used as an official scheme in Guernsey, the cards may be carried by some individuals as they are available to purchase online. It is possible that some people also carry their own homemade version of the cards.
The credit card sized wallets produced by the NAS have a space to write the individual's name and the name of a parent/carer/responsible adult who should be called in the event of an emergency. There is also a paper leaflet which outlines the very basic details about autism and suggested ways to approach the individual.
For further information about how and why people with ASD's may come into contact with the criminal justice system and some useful advice for those professionals interacting with individuals with an autistic spectrum disorder who come into contact with the criminal justice system please see a brief guide on the NAS website by clicking here
The NAS has written a very useful guide to autism for criminal justice professionals which can be downloaded here:
Autism: a guide for criminal justice professionals (pdf)
There is also a very good online resource called 'Sentence Trouble' produced by The Communication Trust which aims to improve communication and understanding between youth justice services and young people with communication difficulties (which are thought to amount to 60% of young people involved i nthe youth justice system!) The site is www.sentencetrouble.info and from there you can access lots of information and various resources including a guide which can be downloaded or ordered as a printed copy.