emmacroombs

Hi Cariad, I've had a quick look and found the following which may help you/be relevant. I'm not sure if I'm allowed to put links on here so you might need to look these up on the internet. I think the key things are to find out exactly why they are thinking your son would not be able to be cross-examined (and then those reasons can be challenged and proven otherwise!) and who is making that decision. Ultimately it is the CPS who decide if there is enough evidence and if the case is in the public's interest (no doubt it is!!) to carry it forward to court. Once in court there are so many ways your son can give evidence and be cross-examined to ensure that he suffers minimum distress and his evidence is of sound quality. Seems to me that if they are thinking about saying no straightaway the police/cps are either too lazy to put in the effort or don't know how to help in the first place. 1. The Achieving Best Evidence in Criminal Proceedings; guidance on interviewing victims and witnesses and using special measures, ammended in 2007, gives the criminal justice system a framework to follow when interviewing and cross-examining people who are vulnerable. Section 3.71 specifically mentions how to help those with ASD (although it is very brief), but the rest of the guidance can be applied too. This guidance is mainly about how the witness should be questionned, what words to avoid (e.g. double meanings), what sort of questions to avoid (e.g. leading questions) etc which is important to be understood when cross-examining. 2. Vulnerable people are eligible for 'special measures' in the courtroom to help them give good quality evidence. These are part of the Youth Justice and Criminal Evidence Act 1999, and include things like allowing the evidence to be given via videolink, the removal of wigs and gowns in the courtroom, screening the witness from the defendant etc. 3. The National Autistic Society have produced a document called "Autism – a guide for criminal justice professionals" which may be helpful to you/the police. I think it is available as a download on their website. What the police should be doing is understanding your son, working out exactly how to help him, establish what his needs are, if he'll need special assistance etc and doing what they can to achieve it. Unfortunately some police forces are better than others at doing this, and there is little legislation, understanding and training relating to all vulnerable people, let alone those with asd. Regarding solicitors, it is highly likely that your son would qualify for legal aid - £250 an hour is crazy!!! If you haven't yet been to a solicitor you could always check out a few that offer free 1st interview, normally around 1/2 hour, and get some general advice. You never know, one of them might be really helpful and cheaper than the £250 one! I hope that has helped a bit, if I find anything else I'll let you know. Good luck <'>

Hi Cariad, I'm so sorry that you and your son are in this situation. Last year I carried out research into the way the criminal justice system treats people with ASD and may have some information will might help you - I will dig it all out when I am home from work and let you know anything which is relevant. I seem to remember a police officer telling me about a new policy regarding victims and witnesses who are vulnerable which may be relevant to your case. Certainly the arguement that your son cannot be cross-examined in court seems total rubbish - there are proven, admissible, ways of cross-examining vulnerable people in court. I will look at all the information tonight and update you. Am I right in thinking from the other thread that the incident happened in France? If so, is it the French or English police who are dealing with the case?

Thnak you all for replying (and hi mum!) Justamum, thank you so much for your help. What you have said is exactly the sort of thing I am looking for. My ultimate aim is to highlight problems people with asd have with the cjs in the hope that someone will begin to take note and change things for the better. Do you think some form of training for the police into the needs of of asd would have altered the way you were treated? I was afraid that I would find someone who has experience of not being believed or classed as reliable - just because someone has asd does not mean what they say should have any less weight than the next person. Hi hsmum, thank you for your help too! I totally understand what you are saying. Another part of what I would like to find out is whether provisions after court were suitable for asds. Do you think the YOI was appropriate for those with ADHD or asd traits? I really don't know either whether people with asds are less or more likely to offend - some books I have read suggest that elements of the asd (one example given was a tendency to peer into people's windows) were classed as offending behaviour by others and so the person with asd was labelled an offender. Also, that asd people can be easily led by gangs for example, and so do something illegal on the say so of them. If a person with asd does offend however for whatever reason, could/should more have been done to help that person beforehand and prevent them from getting into trouble. I really do not know. Thank you again for your help. If anyone else would like to contribute please feel free to do so. Emma

Hi everyone! I thought I had better introduce myself properly! My name is Emma and I am a post-graduate student. I have a nine year old brother who is on the autistic spectrum and, due to the large age gap between us, I am very close to. I have often 'lurked' on this forum as a guest and have found it both helpful and interesting to help me understand and help my brother to the best that I can. I have posted a thread on the general discussion board regarding my dissertation that I am currently researching into autism and the criminal justice system. I won't go into too much detail here though as it is all said in that thread! Anyway, just wanted to say hello really! Best wishes, Emma

Hi everyone, My name is Emma Croombs and I am a post-graduate student at the University of Portsmouth studying for an MSc in Criminology and Criminal Psychology. I have a great interest in the relationship between the criminal justice system and autism ? I have a nine year old brother who is on the spectrum and I am intrigued as to how the police, courts and aftercare services would treat him were he to come into contact with them in the future, for any reason. I am currently conducting research for my dissertation on this subject, entitled ?Does the criminal justice system provide an injustice to people with disorders on the autistic spectrum?? Having done some background reading, I am currently under the impression that there is a lack of understanding of autistic spectrum disorders in the criminal justice system, and as such a lack of provisions throughout the process to meet their needs. This is apparent for victims, witnesses, suspects and offenders. There also appears to be a lack of provisions preventing people with autistic spectrum disorders entering the criminal justice system as suspects or offenders in the first place, as well as any help after court. I would like to find out for myself whether or not this is the case. I was wondering if anyone here (parent, guardian or person with autistic spectrum disorder) has any experience of the criminal justice system, either as a victim, witness, suspect or offender? If so, would you be please be able to tell me about your experiences? You will be kept anonymous at all times and I do not need to know specific details of your case. All I would ask for is how you think the person with an autistic spectrum disorder was treated, what was done well or badly, why you think that, and any improvements you think should be made. This can be done through a private message or an email and can be as short or as long as you wish. My aim is to gather real experiences of how good or bad people with autistic spectrum disorders are treated within the criminal justice system. Thank you very much for your time and help, it is much appreciated. If you have any questions please feel free to ask me. If you would like to take part in my research please pm me for further details. Thank you!