Here is the article from the Times
Autism: the legal profession needs to know more
By Grania Langdon-Down
A condition that makes it difficult to relate is not a crime
SOLICITOR Howard Leftly was at the end of his tether. A young client, Mary (not her real name), was being arrested two or three times a week. Then he read an article in The Times about autism and realised where the problem might lie. Mary was found to have Asperger?s syndrome and to be unfit to plead.
�She must have been arrested more than 150 times over a three-year period ? the vast majority arising out of a fundamental misunderstanding about her condition that went back to the first time she was arrested,� the solicitor says.
Now retired, Leftly, the former senior partner of Howard Leftly solicitors, is backing a Criminal Justice System (CJS) information campaign being run by the National Autistic Society (NAS) to raise awareness of autism and Asperger?s syndrome among key CJS professionals.
An estimated 535,000 people have autism in the UK. It is a complex disability, with a wide spectrum of abilities within the disorder, which affects an individual?s ability to communicate and to understand the world around him or her. While generally law-abiding because rules appeal, misunderstandings can arise from other characteristics including lack of eye contact, monosyllabic answers and narrow obsessional interests. Leftly says: �I was shocked when I found out how seriously impaired Mary was. However, it was still difficult to convince the prosecution that she should be dealt with under the Mental Health Act. Autism cannot be a get-out-of-jail situation. But there is a fear among practitioners even when they know someone is sufficiently impaired to come under the Mental Health Act of running it before a judge because the outcome is either a hospital order or a guardianship order. But it is unlikely that someone with autism will be sent to a special hospital or put in a care home. The outcome is generally a guardianship order, which is effectively supervision by the local authority.
�After Mary?s case, the NAS started referring people in similar situations to me, but too often it was too late and the person had already been convicted and the appeal process exhausted.
�The CJS campaign is an excellent way to flag up the difficulties. You can?t expect everyone to be rock solid on diagnosis or know exactly how to deal with someone with autism. But if key people, such as custody sergeants, at least recognise when something might be wrong and know who to go to for advice, it is an important start.�
Police Superintendent Simon Humphreys, operations manager for Conwy and Denbighshire, knows what is at stake. His autistic, eight-year-old son Joshua is a �human whirlwind�.
�He brings great joy and laughter to our family. But I wonder what will happen to him when he grows up. As he becomes an adult, his erratic behaviour will become less easy for others to understand. I wonder what would happen if he was questioned by the police for any reason. My hope is that, by then, police officers will have a better understanding of autism, be able to appreciate that he has a disability and be able to meet his needs, like any other section of society.
�The police are the gateway to the criminal justice system, not just for offenders but also for victims and witnesses. For them to get justice, the professionals working with them mustn?t drop cases because their speech, language or thoughts are different and someone decides they won?t make good witnesses. People with autism have the same rights as anyone else, no more, no less.�
Alan Bicknell, the NAS regional co-ordinator with a special interest in CJS issues, says: �We are finding increasing numbers of young people with autism have, often inadvertently, found themselves in trouble with the police but, more often than not, they are victims because of their vulnerability. It is in everyone?s interests, throughout the CJS, to know how best to communicate with them.�
He says they will be following up individual contacts made through the campaign launch and information pack. �From the new year, there will also be free online training for CJS professionals. If agencies then want bespoke training, we will put together a specific package for them. We are also issuing autism alert cards, so if someone gets into a situation and finds it difficult to communicate, they can present the card that will provide some information and a contact number for further advice.�
Through his work with families, Philip Moor, QC, chairman of the Family Law Bar Association, has experienced the deep impact that autism has on individuals and their families. He describes one teenage boy who became obsessed with buses, managed to get into a bus garage and drove one halfway across London. �Miraculously, no one was hurt but it highlights what a complex condition autism is. It is important that barristers and the courts, as well as other criminal justice professionals, know about the condition so that misunderstandings do not occur and individuals are properly supported.�
Find the information pack on: www.autism.org.uk/cjp
