Criminal Justice - a guide for parents and carers
How can I help my child?
You can help your child stay safe and get the right support from the police by:
- ensuring your child carries an identity card, such as the Autism Alert Card, which lets people know they are autistic and may need some extra help. They could also carry an alert card, developed by the police force, if the force in your area uses these
- if possible, teaching your child to tell any police officers that they come into contact with that they are autistic or explaining the benefits of disclosing this information for adults
- keeping all the written information you have about your child, for example their diagnosis and any specialist reports written about them. These may be useful if they ever come into contact with the police
- making clear rules about appropriate behaviour from a young age, particularly around obsessional interests. Unusual behaviour that seems cute or endearing in a child may be interpreted as odd or threatening in an adult. You could use social stories to teach your child about appropriate social behaviour and what to do in certain situations
- supporting your child to keep safe
- addressing any preconceptions your child may have about the police. Do they think the police only talk to people who have done something wrong? If a police officer turns up, will they think that they are in trouble? Do they know they can talk to the police if they need help?
My child is a witness or victim of crime
If your child is a witness to a crime, or is a victim of a crime, they might be interviewed by the police and need to go to court. Criminal law recognises that autistic victims and witnesses may need support (S16 of the Youth Justice & Criminal Evidence Act 1999).
After you report a crime, a uniformed police officer may visit your child at home or school 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 your child or preserve evidence. For example, if they have come home from school or work with an injury, the police need to know if it was caused deliberately and who is responsible. Their first priority is to keep your child safe.
If your child is a witness or victim of crime, you can help support them by:
- providing support when they initially talk to the police and sharing with the police information about your child’s likes, dislikes and needs
- working with the police to help to plan any interviews that may have to take place. This includes visiting and taking photos of where the interview will take place
- explaining in advance what will happen and accompanying your child to visit the court or interview location. Arrange for them to meet the interviewer, and introducing them in a similar way to how you introduce other new people or situations.
Police interviews
The police may need to conduct a formal interview to record your child’s account on DVD. This recording can then be played in court so that they don’t have to tell their 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 and your child to plan the interview so that it is as stress-free as possible. The aim is to make your child comfortable with the officer and the situation so that they 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.
Your child can ask to see both the building and the room beforehand, and take photos of them. If you feel that there is a problem with the planned location, such as the lighting, the noise or the fabric on the chairs, you can also tell the police so that they can make amendments or can choose a different location.
The interviewer
You and your child can help the police to choose a suitable person to conduct the interview by telling them about any dislikes, such as sensory sensitivities. For example, are there any colours to avoid, or any textures/materials they don’t like to touch or any smells such as perfume they find distracting. It’s also useful for the interviewer to know if your child has any calming or stimming strategies to alleviate stress such as rocking or hand-flapping. You can meet the interviewer beforehand. Most police officers will let you take their picture if you think it will help to prepare for the interview.
Am I the right person’s to be my child’s witness supporter?
It’s important to consider whether you are the right person to be your child’s witness supporter. It can be hard for parents and carers to listen, without helping or interrupting, when their child is talking about something potentially traumatic.
Perhaps a professional who is already involved with your child, in the capacity of your child being a witness, may be more appropriate? There is often scope for you to watch what is happening from a place outside the interview room. This is a matter for you to discuss with the police. They should never exclude you from the interview if your child is going to find the process more difficult and stressful because you are not present.
However, there are occasions when your child may not provide a full account to the interviewer because they know that you are watching/listening to the interview. They may withhold aspects of the event experienced because they fear embarrassment or want to protect you from any hurt or discomfort. They may also become more emotional in your presence or start to communicate via you rather than the interviewer (verbally or non-verbally).
While, any omission of detail could compromise a prosecution and create the possibility of an offender escaping justice, the interviewee’s wellbeing must come first.
Attending court as a witness
If someone is charged with an offence, your child might need to go to court as a witness. They can ask the police or local Witness Service to take them to visit the court building and explain what might happen beforehand.
The police may ask the court to play the recording they made of their interview so that they don’t have to tell the story again. However, the lawyers and the judges in the court might need to ask them some more questions. An intermediary can be with them at court and help the judge and the lawyer to phrase their questions in a way that they will understand.
The police can ask the judge to let your child answer their questions via a live video link. This means that they will not need to be in the witness box in the court room. The police can arrange a number of special measures to help them including:
- screens, to ensure that the they cannot see the defendant in court
- video-recorded evidence so that they don’t have to tell their story again
- live TV links, allowing them to give evidence from outside the court
- allowing them to use communication aids
- questioning them through an intermediary
- clearing the public gallery of the court
- removal of wigs and gowns in court.
Why has my child become involved with the Criminal Justice System?
As well as being a witness or a victim, your child could become involved with the Criminal Justice System because they commit an offence.
This may be because your child experiences difficulties with social communication and social interaction. If you child has sensory difficulties or coordination problems their behaviour may appear odd and draw unnecessary attention.
If your child has committed an offence, it could be due to one of the following reasons.
- Social naivety
The desire to have friends and not necessarily being able to predict the intentions of others, may have made them vulnerable to be befriended and coerced by criminals.
- Difficulty with change or unexpected events
An unexpected change in their environment or routine, such as a public transport delay, may have caused them great anxiety and distress, leading to aggressive behaviour.
- Misunderstanding of social cues
Many autistic people have difficulties with eye contact, which may be avoided, fleeting, prolonged or inappropriate. This may be interpreted as intimidating or alarming.
- Rigid adherence to rules
They may have become extremely agitated when they saw other people breaking rules.
- Not understanding the implications of their behaviour
They might find it more difficult to learn from past experience. Offering the correct support may help avoid repeat offences.
Further advice and support
Search our Autism services directory for counsellors or non-legal advocates with autism experience.
Find out more about our I am autistic card and My child is 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