Legal

When someone is arrested,

emotions run high. The experience
can be traumatic, regardless of the
outcome, and if the suspect is
autistic it can be even more
upsetting and stressful. The effects
of this interaction can be long

Online and
lasting and far reaching – for both
the individual and their family.
People on the autism spectrum
are generally less likely to commit
criminal offences, but they can get

in trouble
into difficulties with certain areas of
the law – notably offences
involving the misunderstanding of
social relationships or computer-
related crime.
The impact of arrest on autistic
people and their families can be
It’s every parent’s nightmare: the police devasting. Many find it difficult, if
not impossible, to navigate the
turn up at your door and arrest your criminal justice system. I have
concerns about the amount of work
autistic child. Ruth Peters, a specialist that still needs to be done to raise

solicitor, says her firm increasingly sees

awareness of the vulnerability of
autistic people among the policing

offending behaviour caused by misuse

and legal communities.

Autistic people and

of the internet. But what do you do if internet offending
your child is charged, and how do you Lockdown had a profound impact
on autistic people. Core features of
navigate the criminal justice system? autism, including an insistence on
sameness, inflexible adherence to
routines and ritualised patterns of
behaviour mean that coping with
complex changes and
unpredictability associated with the

The impact
of arrest on
autistic people and
their families can
be devasting”

pandemic was extremely difficult.

During this time, as society
became increasingly isolated,
internet usage soared and, for
many, being online provided a
lifeline in terms of seeking
interaction and stimulation. With the
spike in usage, though, came an
increase in internet offending; this
was reflected in the autistic
community, too.
While, overall, autism does not
increase the risk of offending
behaviour – in fact, autistic people

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 Legal

For all your

Multi-Sensory
needs

False are much more likely to be victims always the case because they
impressions: of crime rather than perpetrators – It’s become frequently have the social maturity
many internet- in some cases it can be a factor. In of someone far younger. This may
based offences our experience, this is often the more common put them at risk of developing
relate to mis- case for offences that stem from to see situations friendships with people who
understanding internet use. actually are younger, whether
social Many of those internet-based where autistic people online or in real life, as they’re at a
relationships offences relate to the may have tried to similar emotional level to them.
With 250 new and exciting products, misunderstanding of social
relationships, or even sexual forge friendships
This can be even more difficult
for clients to navigate when those
offences. It’s become more online and approached relationships are developed online.
many of which are exclusive to SpaceKraft, common to see situations where
autistic people may have tried to the situation in the
Autism may impair an individual’s
ability to correctly assess the age

there’s something for everyone forge friendships online and

approached the situation in the
wrong way” of another person. We have
represented young people who
wrong way. In more serious cases, have had relationships with those
sexual behaviours might reflect vulnerable on the internet, whether who are under the age of consent,
some autistic symptoms, such as it be in terms of simply getting because they have not realised the
repetitive behaviours, collecting, things wrong, misinterpreting other person’s true age.
inappropriate speech or even boundaries and what is deemed
fixations with people. as appropriate, or being The ripple effect
It may also be more likely that radicalised themselves. In cases like this, or if an autistic
Visit our website to find out more autistic people use the internet to
educate themselves about sex and
Many of the autistic clients that
we represent are of average or
person accesses sexual material
and does not realise that it is

www.spacekraft.co.uk to explore their sexual needs.

When there is so much extreme
above-average intelligence and are
often in professional work or
illegal, the impact is far-reaching. If
the police become involved, a
and illegal material out there, this education. This can mean that tense series of events may then be
T: 01274 581007 can be very difficult to navigate
safely. Or, it may simply be
others assume a high level of
functioning in respect of social or
triggered – searches, arrest,
interviews under caution, months
E: enquiries@spacekraft.co.uk because autistic people can be sexual relationships, which isn’t and months of investigation, and

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 Legal

Police forces lack common standards in policies and training

There is little consistency between
different police forces across England
and Wales in terms of procedures and
policies towards neurodivergent people,
including those on the autism spectrum.
Neither is there any consistent level of
training that police officers are required
to undertake.
In December 2020, a report was
We are suppliers of sensory and educational toys and brain-stormers of a wide range commissioned to undertake an
of kits, to suit your specific sensory need. independent review of neurodiversity in
the criminal justice system (CJS). This
With over 50 years of combined experience in the sensory industry, our team is dedicated was published in July 2021 and focused
to ensuring you receive the highest quality products, speedy service and the ability on four main themes:
to speak to a customer advisor easily. l Screening to identify neurodivergence
l Adjustments that have been made to
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with neurodivergent needs l Increased screening community services.
your name and address to info@exploreyoursenses.co.uk alternatively, visit our website
l Programmes and interventions that l More accurate counting of the number You can find an easy-to-read version
www.exploreyoursenses.co.uk, where new exciting product is updated weekly! have been specifically designed or of neurodivergent people involved in of the report here:

‘A family business making customers part of the family’

adapted for neurodivergent needs the criminal justice system www.justiceinspectorates.gov.uk///cjji/
l Training and support available to staff l Neurodivergent-specific training wp-content/uploads/sites/2/2021/07/ND-
to help them support people with l Adjustments in areas such as Easy-Read-report-FINAL.pdf
neurodivergent needs. communication and how places If you or someone you love and care
The report made six recommendations: are designed for is in trouble with the police, please
l Working together to create an l Collaborative working between contact a legal expert with experience in
overall plan the criminal justice system and neurodivergence.

families have never had dealings course, be autistic and know

Police officers, with the police before and have no perfectly well that risky, damaging
prior knowledge of how the criminal and illegal behaviours are wrong
judges, justice system works. This lack of but choose to do them anyway –
magistrates and knowledge, coupled with a natural but it can sometimes be an
desire to do all they can to protect explanation as to why someone
lawyers are often their loved one, leads to intense has behaved in a certain way.
very ignorant about stress – particularly if the Ruth Peters is a Some cases take many months,
investigation has a direct impact director at leading even years, to reach a conclusion,
what autism is and on the wider family members and criminal defence firm because there is such a huge
the ways in which it other siblings, such as if social Olliers Solicitors and backlog of electronic material
services become involved. is experienced in waiting to be analysed by police
may affect those representing autistic forensic experts. This delay in
Effective Increasing Certified & 5-day family they’re dealing with” Improving procedures people who have decision-making can increase
Police officers, judges, magistrates come into trouble anxiety for a client, so I
alternative functional skills Experienced focused Intensive and lawyers are often very ignorant with the police. recommend that you work with a
educational and decreasing Behaviour Analysts  Behaviour Therapy perhaps even a court case at the about what autism is and the ways https://www.olliers. legal expert dedicated to providing
end of it. All of this can be in which it may affect those they’re com/ proactive advice. People often
provision challenging Programmes massively disruptive and cause a dealing with. This can lead to wrongly believe that simply sitting
behaviours  lot of harm to a suspect’s mental wrongful prosecutions and the and waiting it out is their only
health – as well as a high level of mistreatment of people who, option, when there may, in fact, be
stress and concern for family through no fault of their own, may a lot that a suspect and their family
members and carers. have found themselves on the can do to put themselves in the
In fact, autistic people being wrong side of the law. best position possible.
arrested often affects families even It is essential that a solicitor For example, if expert evidence
Get In Touch more than the individuals representing an autistic client may help to persuade the Crown
themselves, as those under properly understands how autism Prosecution Service not to charge
investigation don’t always might be relevant to offending the person, or to caution rather
info@skyboundtherapies.co.uk www.skyboundtherapies.co.uk Facebook.com/SkyboundTherapies necessarily grasp the severity of behaviour. That is not to say that than charge them, a specialist
the situation. autism is going to necessarily lawyer can advise on how to
In the vast majority of instances, provide a defence – you can, of approach this.

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