Criminal Justice System

There is research starting at Cambridge and also Nottingham about the problems of injustice with ASD. If we could work together for a campaign??

The crimes committed by those with ASD can sometimes appear bizarre, and ASD defendants may not fully comprehend what they have done wrong or even that they will be prosecuted for their behaviour (Berryessa, 2014). Because of this, there is serious concern over whether even high-functioning ASD defendants can form the requisite criminal intent and therefore whether they should be culpable for their actions (Freckelton, 2013).

https://www.purdueglobal.edu/blog/criminal-justice/autism-and-the-criminal-justice-system/

 Berryasa 2014

https://www.emeraldinsight.com/doi/abs/10.1108/JIDOB-02-2014-0002

 Freckleton 2013

https://www.researchgate.net/publication/221916701_Autism_Spectrum_Disorders_and_the_Criminal_Law

i had a similar experience my care co ord said he would attend court with me to support me then never turned up i think the police and probation thought i was lying about being autistic

What a surprise police and probation being jobsworth t**ts, I have no experience with them from an asd stand point but they destroyed my brothers business, then harassed him so much he had a breakdown and drug relapse then locked him up for four years for it! (yes he did break the law no argument on that but he was literally hounded day and night and followed around and the stupid boy did exactly what they were pushing him into) 

when i went to see the probation officer i was stressed and stimming and he quite angrily and abruptly told me to stop behaving like i was or he would refuse to help me and then i would go to prison he was horrible and only made things worse even though i told him i was autistic i complianed after but he lied and said that never happened and guess who they believed

I have just recently gone through a 2 1/2 year hell ending up in court and convicted i had no support and my ASD counsellor believes it should never have gone to court she's contacting a guy called Luke Breardon who is an ASD specialist and a fighter of injustice to people with autism look him up it maybe of interest to you

I’m so sorry to hear this, if you’re feeling suicidal, please ask for help, you’re not alone. The Samaritans provide confidential non-judgemental emotional support, 24 hours a day on 116 123, or if you prefer you can contact them by email on jo@samaritans.org.
Also MIND have information pages on coping with self harm or suicidal feelings based on the experiences of people who’ve been through it that you may find helpful.

Take care,

SteveMod 

Please contact me as I have ASD and am suicidal as a result of police and legal matters and media publicity

I am a doctor and do not want to die!

I found the system was against understanding or justice!

That would be great if you could contact me - changes need to be made

Thank you

I have to disagree really. Resources will differ area to area of course but I posted here last year when I was in a situation of facing imprisonment. Maybe I am one of the lucky ones but my social worker found a specialist lawyer she happened to know. He was very good and my result was three years community order and not prison. 

I agree that the police aren't geared up for auties same as the prison service aren't but they are getting better. The officer who dealt with my case took time to learn and get to know me and has changed his viewpoint of me, if anything at all maybe I have taught him that you don't achieve anything by shouting or intimidating or belittling people.

The courts can provide advocates as can the police. If I am interviewed (and it is proably the same for a lot of people here) by the police as an offender or a witness I must have an appropriate adult there,

Through more awareness the police and other agencies might learn something like if you have Asperger's and don't look someone in the eye when being asked a question does not at all mean you are lying! That's one of the most common struggles I feel.

Hi NAS36739,

I'm sorry about to hear about the situation that your son went through and how he has been feeling. 

If he is ever unable to cope with the distress or despair, it’s very important he tells someone about his feelings or thoughts of suicide. He should call his GP and make an urgent appointment. His GP can make sure he gets appropriate help and support.

If it’s outside of his GP hours he can call  111 to reach the NHS 111 service:  http://www.nhs.uk/NHSEngland/AboutNHSservices/Emergencyandurgentcareservices/Pages/NHS-111.aspx

The Samaritans also provide confidential non-judgemental emotional support, 24 hours a day on 116 123, or by email on jo@samaritans.org.

MIND have information pages on coping with self harm or suicidal feelings based on the experiences of people who’ve been through it that he may find helpful.

If he is ever very close to doing something to hurt himself - he or yourself should call 999 or go to the nearest A&E department. There should be someone there to support him and make sure he gets ongoing support.

If you need help with an autism related issue, our helpline can be emailed via webform https://www.autism.org.uk/services/helplines/main/questions.aspx or they’re open Monday to Thursday 10am-4pm and Friday 9am-3pm on 0808 800 4104.

Best wishes,

Nellie-Mod

I knew there were more people here witnessing the unfairness of treatment and lack of support. Because ASD person looks normal and can talk fluently, it goes against them which is wrong. Having a job should not go against someone in court! We need front line people on the Justice system to stop behaving like a corporate collecting revenue officers. And start being decent souls to get the truth then believe allegations are fact (include court press) in courts like this. What happened to innocent until proven guilty? What has happened to wanting a fair trial? No disabilities should be a free get out of jail card. Autism, has a lot to do with behaviours risking their own well-being to be excepted in society, and abused unknown to them used and taken advantage of by a range of people sadly. To abusers to make false charges to the police that get dropped or not, to live with their own vulnerability which there is no support in the communities that are permanent support due to being able bodied. It's rather a dreadful thing to see.

If the Autistic Society here can contact us to start this campaign to improve the Justice System, despite tool kits available, we want ASD to be understood, all spectrum, not just severe.

1. More specialist ASD solicitors

2. Police improvements, all areas

3. Courts to allow trained advocate besides solicitors to attend meetings and anything else, not legal advice just witness support.

4. Probation service improvements

5. Prison - safety for ASD vulnerability

6. Specialist Judges

7. The press need to stop being one-sided to share facts correctly. Papers cause more harm then good for the readers and defendants and victims

It's a lot to improve, for the majority, not just ASD vulnerability in this broken system.

We need everyone to support this, we can do this! We won't have unfairness no more!

@NAS36739 I will contact you. Thanks

There is a issue with Aspergers side of things, it is so underestimate the issue that those have. It just not criminal justice system. Benefits/Support etc

What about this for a tag line.

Aspergers dont underestimate the Autism.

My son is autistic and in the past was arrested and denied an appropriate adult even though he told the custody sergeant he was autistic. He was then bullied into a confession and ended up with a caution. Roll on 4 years and in trouble again - in court the judge stated you do not have severe autism as you hold down a job. He then dismissed the autism and gave a harsh sentence despite being told this should have been dismissed back at the police station with a caution. My son has been suicidal over the past 6 months with all this, has been harassed due to been named in the papers and his autism being revealed. It has been horrendous. I do not believe autism should be a get out of jail free card but I can honestly say the system is terrible and my son was an easy target for the cps and their statistics. It has cost thousands in legal fees and to be honest the general consensus from all of us that supported him is that by informing the judge of his autism the judge came down harder.

please if anyone wants to start a campaign count me in. I am fed up of the bullying and discrimination I witness with my son and also myself as I have Aspergers. It goes on everywhere, I am fed up with having to fight for everything. Please contact me and let’s do something about it

But I don’t think there is the money/resources for that, and autism isn’t a mental health problem anyway.

I agree that changes need to occur, but I’m unsure that they ever will.

There is a good argument to have a seperate Court System for those with all Mental Health difficulties. 

Well.  I have am Dyslexic and recently referred for ASD diagnosis.  But I also studied Law and did the Academic training to be Barrister.  I was even Called to the Bar.  

After 10 years though I still haven’t got the apprenticeship to finish off the training.  I am still stacking shelves.  

There are many things that need changing about the system.

The mitigation has been dreadful. It appears to me that it no longer counts when solicitors bully for an early guilty plea.  ASD, learning disabilities, confirm to the plead of guilt so easily then most. I've even been kicked out of a room by solicitor who did not get I was the carer and support. I was bullied out of the interview room but defendant could not support me to stay, they could not think quick enough too, so left. It's like mitigation never gets a say and guilt pleas are more important. If the public knew the mitigation it would would help the public see through behaviours and the vulnerability of the defendant. The court press have been brutal everytime without knowing the true facts. Totally sick and tired of the whole situation now. We need a campaign to get these solicitors educated on ASD and these tool kits not clearly used and the solicitor said was unqualified in the second experience. I would like to see the Autistic society do more for ASD to get better support in legal advice and carers to be treated better, parents too.

We now have a prison sentence risk. What happens to people with ASD in prison? Why do probation units still not trained nor take ASD seriously?

I'm in need to make a campaign. But how? Tool kits are there, why are they not used? Can we send them to solicitors to get them up to being fair in communication with ASD?

I've tried my best to get the police to rewrite orders for ASD people to understand them... It's a small step.

I am all for you if want to start a campaign. I have been a defence witness in court and just not able to speak. It was just to much. I wanted to talk but was not able to and do put this down to me having Autism.

Autism is complex issue.
Autism is not get out jail free card.
Autism can be a mitigating issue.

I see where you are coming from suggesting specialist solicitors, but frankly you can’t expect to have a specialist solicitor for every disability and therefore would that be fair for all?

All solicitors and Courts are already bound by the Equality Act, so they do have to make reasonable adjustments for your disability. Solicitors usually only do so if you ask for them though or if you make it clear that something is causing you difficulties due to your disability. Courts/Tribunals are supposed to be informed in advance of hearings of any disability and the adjustments that will be required for it.

I suppose though, if the solicitor had not highlighted the issue to the Court, then there is no reason why the disabled person themselves can’t do so, particularly when speaking to the clerks before the hearing. Either way, if you walked in and told the Judge you had a certain disability and it was being ignored in regards to the conduct of the matter then I’m sure the Judge would have to do something about (again due the the Equality Act).

Perhaps, rather than having specialist solicitors (due to practicalities as above), we should ensure that individuals with ASD are aware of guidance such as that I linked to and that they have the opportunity/ability to interject such guidance onto those conducting the proceedings at any relevant time. I suppose you would have to provide medical evidence of your ASD in such circumstances though, just to make sure that anyone couldn’t demand such adjustments.

Yes I witnessed an arrested to ASD, it was disgusting. These officers got their reaction they wanted, and lied to the IPCC after complaint where it got nowhere. We will not give up on adults with ASD, learning needs. Complaint procedures to the police have got slightly better, not sure on outcomes. Yet to see that. Public still stigmatize ASD and learning on crimes when it's 50/50