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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 

Parents

  • 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.

Reply

  • 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.

Children
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