Dr Katie Maras is a Senior Lecturer in Psychology and Deputy Director of the Centre for Applied Autism Research at University of Bath. Katie discusses here how to support autistic witnesses and suspects through the interview process.   

Autistic people may come in to contact with the Criminal Justice System (CJS) for a number of reasons. Unfortunately, research suggests that these experiences are often negative. 

The problem with standard police interviewing models

Our research shows that standard police interviewing techniques such as the Cognitive Interview, developed for neurotypical people, are ineffective in supporting autistic interviewees to remember and recall an event. The use of open questions is thought of as the ‘gold standard’ in police interviewing, to avoid leading an interviewee or restricting what they remember. For an autistic person though, a very open-ended interview structure can be problematic, for example: 

• The interviewee may not have a clear understanding of what and how much to recall. 
• The interviewee may have difficulties freely recalling specific events under such situations, particularly in remembering details and contextual information. 
• Executive functioning differences might make it difficult for the interviewee to generate a clear description of events.

Appropriate adaptations to the interview process can be made for autistic witnesses, however, the legal framework must be considered – for example the use of closed questions is often inappropriate as it can lead an interviewee. It is particularly important that interviews are non-leading because, although autistic individuals are not more likely to have their memory distorted based on interviewer suggestions, they may be more compliant in accepting suggestions (for example, in order to please the interviewer or terminate the interview earlier).

A new model of interviewing

Our recent research shows that a novel ‘Witness-Aimed First Account’ (WAFA) interviewing technique may be fruitful in supporting autistic people to recall events within a non-leading framework. Here, the interviewee:

• breaks down their memory of an event into smaller ‘topic boxes’
• then thoroughly explores each in turn, with the help of the interviewer. 

Using this method, rather than having a free flow of the entire event from start to finish, they work through more manageable chunks. 

Displaying the topic boxes on post-it notes can serve as a visual reminder of the structure of the event, and frees up capacity for the witness to focus their efforts segment-by-segment. 

Findings indicate that the WAFA interview leads to more detailed and accurate recall from both autistic and non-autistic individuals than a standard best practice interview.

Suspect interviewing 

A suspect interview is a particularly complex social situation which can be especially challenging for an autistic person. Suspect interviews present additional challenges to the above, for example an interviewer may strategically withhold evidence or reveal evidence in a tactical manner -  forcing the interviewee to respond to unpredicted challenges without an opportunity to rehearse. An interviewee who has difficulties reading others’ intentions will naturally be at a disadvantage in such a context even when telling the truth. 

There is no published research to date on how autistic individuals fare under these sorts of demands in a police interview, but they are likely to be affected by the stress of the situation and the demands placed on them.

It is therefore essential for an interviewer to be aware of an interviewee’s individual social, communication, and cognitive difficulties and differences, so that they can plan and conduct the interview appropriately, and gain an accurate and detailed account. 

The interview environment 

It also important to consider other individual needs such as sensory differences. Police environments are often loud, brightly lit (e.g., with florescent strip lighting) and strong-smelling environments. Many autistic people who have experienced the CJS report feeling dissatisfied with the location, and intensity of their interview. 

A discussion between the individual, relevant support person(s) and police regarding particular sensitivities, triggers and other stressors should take place and where possible adaptations should be made, for example:

• removing a ticking clock from the wall of the interview room
• conducting the interview in a familiar environment such as the interviewee’s own home
• allowing stimming and other self-stimulatory behaviours (these are often used as a soothing mechanism and a way of regulating sensory input) including the use of a calming object (e.g., a fidget spinner).

A witness who feels more relaxed and comfortable will be able to provide more detailed and accurate evidence.

Intermediaries and Appropriate Adults 

It is not realistic to expect all police officers to be experts on autism, and currently they are provided with very little guidance on how to interview autistic witnesses, alleged victims, and suspects. 

The provision of an Appropriate Adult (AA) is required for all vulnerable suspects in England and Wales, whose role it is to safeguard the interests and rights of vulnerable defendants by ensuring that they are treated in a just manner and are able to participate effectively during an investigation. However, the remit of an AA is limited. 

In contrast, a Registered Intermediary is an impartial, trained professional who manages communication between vulnerable witnesses and members of the justice system. Assistance may be provided at various stages, from before trial at interview stage through to court, recommending adaptations and supporting communication during cross-examination. 

Unlike AAs, intermediaries can guide officers in tailoring their questioning strategies based on the individual characteristics of the witness they are interviewing. They can also facilitate evidence provided by defendants.

However, at present:

• there is no statutory framework for the use of intermediaries for suspects 
• such assistance needs approval by a trial judge
• help can only be provided in the form of a ‘non-registered intermediary’ for suspects. 

Recent proposals by the Ministry of Justice suggest that the provision of intermediaries for defendants is likely to be formalised and regulated, which would be a welcome step. 

Diagnosis disclosure 

A majority of autistic people report they do not always disclose their autism diagnosis to police due to perceived lack of understanding, and fear of stigmatisation and discrimination by police. Yet not disclosing one’s diagnosis may actually have the opposite effect, preventing police from understanding their differences and from making suitable adjustments. Research has shown that informing others about one’s autism diagnosis results in more positive perceptions of them within the CJS (whether as a witness or defendant).

Further information

• The National Autistic Society (2020). Autism: a guide for police officers and staff.
• The Advocates Gateway (2016) “Planning to question someone with Autism Spectrum Disorder including Asperger Syndrome”- Toolkit 3: Lexicon Limited.
• Ministry of Justice, (2022) Achieving best evidence in criminal proceedings. Guidance on interviewing victims and witnesses, and guidance on using special measures.
• Ministry of Justice, (2022) Ministry of Justice Witness Intermediary Scheme
• National Appropriate Adult Network. (accessed November 2022) About appropriate adults