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Autism and court case being a victim

Lunabella

Hi, 

I have autism and learning disabilities, I have a court case coming up soon taking back my anti social behaviour neighbour to court for breaching an undertaking order by the court and also soon an civil injunction will be applied for. I am very nervous about attending the court setting and the whole process the local authority said they will apply for special measures but it’s down to the judge to grant it. Has anyone been through anything like this? What helped them? Any advice please? Thank you 

  • In a former job I used to train police officers on giving evidence in court.  Whilst no one can or should coach you on what to say about the facts of your case, there are some general pointers that are good for anyone attending any court:

    Remember that defence and prosecution are there to defend and prosecute.  They do not decide what the truth is. Judge or magistrate and jury if there is one are the decision makers who need the "whole truth" you swear to give. Instead lawyers play games with language to further their argument for the prosecution or defence. Nothing they say to or about you is personal. With that in mind:

    • Look toward the lawyers to receive the questions, but address the answers to the decision makers (judge/jury, magistrate(s)
    • Any time you feel that one of them is trying to close you down such that you can't give the whole story (demanding a simple yes/no answer is a favourite tactic) you can 'appeal to your oath'.  By that I mean, if you say to the judge/magistrate something like: "In order to give the whole truth to the court, I need to give a fuller answer", the judge/magistrate should allow that.  They will not intervene though unless you indicate you are worried that you are not getting an opportunity to honour your oath and tell the whole truth.
    • If you are worried that you are being rushed and that you aren't able to process what they are asking, I would again ask the judge/magistrate(s) reminding them that you are Autistic and in order to give (use the magic words) "the whole truth" you want more time to process or the question reframing.

    Good luck with it.  It is understandable that you feel nervous about this.  I hope you get the special measures and that it goes well for you.

  • Dear Lunabella,

    Welcome to the online community, I am really sorry to hear about the anti-social behaviour that you have experienced. It must have been really challenging to have gone through. 

    The NAS have some guidance on what can happen when you attend court, I have copied it below. If you want to look at the whole page it is Criminal justice and police

    Attending court as a witness 

    If someone is charged with an offence, you might need to go to court as a witness. You can ask the police or local Witness Service to take you to visit the court building and explain what might happen beforehand.  

    The police may ask the court to play the recording they made of your interview so that you don’t have to tell the story again.  

    However, the lawyers and the judges in the court might need to ask you some more questions. The intermediary can be with you at court and help the judge and the lawyer to phrase their questions in a way that you will understand. 

    The police can ask the judge to let you answer their questions via a live video link. This means that you will not need to be in the witness box in the court room.  

    The police can arrange a number of special measures to help you including: 

    • screens, to ensure that the you cannot see the defendant in court 
    • video-recorded evidence so that you don’t have to tell your story again 
    • live TV links, allowing you to give evidence from outside the court 
    • allowing you to use communication aids 
    • questioning you through an intermediary 
    • clearing the public gallery of the court 
    • removal of wigs and gowns in court. 

    The online community are here to support you, please reach out if you need any extra help or reassurance,

    Best wishes,

    Olivia Mod

  • in reply to pietro_21
    pietro_21 said:
    Antisocial behaviour has to be called out I was lying on the ground in train station people just walked by.

    That's awful but perhaps unsurprising. People do not want to get involved. They never think it might happen to them.

    You have the moral high ground in this situationMedal .

  • I have prosecuted someone for assault via British transport police who defended me in court. I did not have to attend on the day and in many ways wish I had as the suspect changed their plea and I won my case. The CPS awarded me £50 after their costs but that is kind of academic. Antisocial behaviour has to be called out I was lying on the ground in train station people just walked by.

  • I had 'special measures' for two court cases. I asked for the Barrister not to use her laptop to type notes as the keyboard was noisy and she complied. I asked for a Mackenzie friend to go with me which was also allowed, though she could not speak in court. When it got to High Court, I was allowed to sit in my local County court and have the case by video - that was a bit annoying as I could not see the Judge properly. I wish I'd also asked for more time to prepare, out and inside Court but I did tell them I needed more time to answer questions. Basically, they ask you what you need.