Criminal Justice - a guide for autistic adults
I’m the victim or witness of a crime
If you witness a crime, or are the victim of a crime, you might be interviewed by the police and go to court.
After you report a crime, a uniformed police officer may visit you at home or work to find out exactly what has happened. They will need to establish whether an offence has been committed and whether there is any action they need to take immediately to protect you or preserve evidence.
For example, if you have come home from work with an injury, the police need to know if it was caused deliberately and who is responsible. Their first priority is to keep you safe.
Police interviews
The police may need to conduct a formal interview to record your account on DVD. This recording can then be played in court so that you don’t have to tell your story again.
All police forces have specially trained officers that can conduct these interviews but their experience of autism will vary. They can work with you to plan your interview so that it is as stress-free as possible. The aim is to make you comfortable with the officer and the situation so that you can talk freely.
Interview location
Most of these kinds of interviews are carried out at a police station or other police premises. Some interview rooms for vulnerable people are in hospitals.
You can ask to see both the building and the room beforehand, and take photos of them. If you or your carer feels that there is a problem with the planned location, such as the lighting, the noise or the fabric on the chairs, tell the police so that they can make changes can choose a different location.
The interviewer
You can help the police to choose a suitable person to conduct the interview by telling them about any sensory differences, for example if you have any dislikes, such as perfume or a particular colour of clothing. You can meet the interviewer beforehand. Most police officers will let you take their picture if you think it will help you to prepare.
A witness supporter
You can have a witness supporter, such as a social worker who already works with you, or an advocate. A carer (or a parent) can also stay with you during the interview if you would find that helpful.
Communication
For court proceedings to ahead, you must be capable of understanding questions and giving understandable answers.
If you need support, there are lots of practical things the police can do to make this possible.
The police can get a Registered Intermediary. This is a professional who is accredited by a national organisation. They are often speech or language therapists and are experienced in working with autistic people or people with learning disabilities.
The Registered Intermediary will assess your communication skills and needs and will advise the police officer how to phrase their questions so that you can understand them, and so that the officer will understand your answers. They will do this by speaking to you, your parents or carers, and professionals involved in your life. A Registered Intermediary can even do this if you have little or no speech or use a communication device.
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.
I’ve committed an offence
If you have committed an offence it could be unintentional. You might have misinterpreted someone's actions or they may have misinterpreted your behaviour. If the police approach you, you don't have to tell them you are autistic, but it might help. You could carry one of our "I am autistic" cards where you can also write down details of who to contact such as a carer or a trusted friend or family member.
Further advice and support
Search our Autism services directory for counsellors or non-legal advocates with autism experience.
Find out more about an I am autistic card.
Useful websites
- Victim Support England and Wales
- Witness Service England and Wales
- Victim Support and Witness Service Northern Ireland
- Victim Support and Witness Service Scotland
- Respond’s psychotherapy and advocacy services (for people with learning disabilities)
- Citizens advice information on the legal system
- Making a complaint against the Police