Legal
When someone is arrested,
10 Au t i s m | e y e I s s u e 4 9 2 0 2 3
Online and
in trouble
It’s every parent’s nightmare: the police
turn up at your door and arrest your
autistic child. Ruth Peters, a specialist
solicitor, says her firm increasingly sees
offending behaviour caused by misuse
of the internet. But what do you do if
your child is charged, and how do you
navigate the criminal justice system?
www.autismeye.com www.autismeye.com
emotions run high. The experience
can be traumatic, regardless of the
outcome, and if the suspect is
autistic it can be even more
upsetting and stressful. The effects
of this interaction can be long
lasting and far reaching – for both
the individual and their family.
People on the autism spectrum
are generally less likely to commit
criminal offences, but they can get
into difficulties with certain areas of
the law – notably offences
involving the misunderstanding of
social relationships or computer-
related crime.
The impact of arrest on autistic
people and their families can be
devasting. Many find it difficult, if
not impossible, to navigate the
criminal justice system. I have
concerns about the amount of work
that still needs to be done to raise
awareness of the vulnerability of
autistic people among the policing
and legal communities.
Autistic people and
internet offending
Lockdown had a profound impact
on autistic people. Core features of
autism, including an insistence on
sameness, inflexible adherence to
routines and ritualised patterns of
behaviour mean that coping with
complex changes and
unpredictability associated with the
The impact
of arrest on
autistic people and
their families can
be devasting”
pandemic was extremely difficult.
During this time, as society
became increasingly isolated,
internet usage soared and, for
many, being online provided a
lifeline in terms of seeking
interaction and stimulation. With the
spike in usage, though, came an
increase in internet offending; this
was reflected in the autistic
community, too.
While, overall, autism does not
increase the risk of offending
behaviour – in fact, autistic people
Au t i s m | e y e I s s u e 4 9 2 0 2 3 11

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False are much more likely to be victims
impressions: of crime rather than perpetrators –
many internet- in some cases it can be a factor. In
based offences our experience, this is often the
relate to mis- case for offences that stem from
understanding internet use.
social Many of those internet-based
relationships offences relate to the
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approached the situation in the
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sexual behaviours might reflect
some autistic symptoms, such as
repetitive behaviours, collecting,
inappropriate speech or even
fixations with people.
It may also be more likely that
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T: 01274 581007 can be very difficult to navigate
safely. Or, it may simply be
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It’s become
more common
to see situations
where autistic people
may have tried to
forge friendships
online and approached
the situation in the
wrong way”
vulnerable on the internet, whether
it be in terms of simply getting
things wrong, misinterpreting
boundaries and what is deemed
as appropriate, or being
radicalised themselves.
Many of the autistic clients that
we represent are of average or
above-average intelligence and are
often in professional work or
education. This can mean that
others assume a high level of
functioning in respect of social or
sexual relationships, which isn’t
Legal
always the case because they
frequently have the social maturity
of someone far younger. This may
put them at risk of developing
friendships with people who
actually are younger, whether
online or in real life, as they’re at a
similar emotional level to them.
This can be even more difficult
for clients to navigate when those
relationships are developed online.
Autism may impair an individual’s
ability to correctly assess the age
of another person. We have
represented young people who
have had relationships with those
who are under the age of consent,
because they have not realised the
other person’s true age.
The ripple effect
In cases like this, or if an autistic
person accesses sexual material
and does not realise that it is
illegal, the impact is far-reaching. If
the police become involved, a
tense series of events may then be
triggered – searches, arrest,
interviews under caution, months
and months of investigation, and
Au t i s m | e y e I s s u e 4 9 2 0 2 3 13
 Legal

Police forces lack common standards in policies and training

There is little consistency between
different police forces across England
and Wales in terms of procedures and
policies towards neurodivergent people,
including those on the autism spectrum.
Neither is there any consistent level of
training that police officers are required
to undertake.
In December 2020, a report was
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the criminal justice system (CJS). This
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to speak to a customer advisor easily. l Screening to identify neurodivergence
l Adjustments that have been made to
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adapted for neurodivergent needs
l Training and support available to staff
to help them support people with
neurodivergent needs.
The report made six recommendations:
l Working together to create an
overall plan
the criminal justice system
l Neurodivergent-specific training
l Adjustments in areas such as
communication and how places
are designed
l Collaborative working between
the criminal justice system and
www.justiceinspectorates.gov.uk///cjji/
wp-content/uploads/sites/2/2021/07/ND-
Easy-Read-report-FINAL.pdf
If you or someone you love and care
for is in trouble with the police, please
contact a legal expert with experience in
neurodivergence.

families have never had dealings course, be autistic and know

Police officers, with the police before and have no perfectly well that risky, damaging
prior knowledge of how the criminal and illegal behaviours are wrong
judges, justice system works. This lack of but choose to do them anyway –
magistrates and knowledge, coupled with a natural but it can sometimes be an
desire to do all they can to protect explanation as to why someone
lawyers are often their loved one, leads to intense has behaved in a certain way.
very ignorant about stress – particularly if the Ruth Peters is a Some cases take many months,
investigation has a direct impact director at leading even years, to reach a conclusion,
what autism is and on the wider family members and criminal defence firm because there is such a huge
the ways in which it other siblings, such as if social Olliers Solicitors and backlog of electronic material
services become involved. is experienced in waiting to be analysed by police
may affect those representing autistic forensic experts. This delay in
Effective Increasing Certified & 5-day family they’re dealing with” Improving procedures people who have decision-making can increase
Police officers, judges, magistrates come into trouble anxiety for a client, so I
alternative functional skills Experienced focused Intensive and lawyers are often very ignorant with the police. recommend that you work with a
educational and decreasing Behaviour Analysts  Behaviour Therapy perhaps even a court case at the about what autism is and the ways https://www.olliers. legal expert dedicated to providing
end of it. All of this can be in which it may affect those they’re com/ proactive advice. People often
provision challenging Programmes massively disruptive and cause a dealing with. This can lead to wrongly believe that simply sitting
behaviours  lot of harm to a suspect’s mental wrongful prosecutions and the and waiting it out is their only
health – as well as a high level of mistreatment of people who, option, when there may, in fact, be
stress and concern for family through no fault of their own, may a lot that a suspect and their family
members and carers. have found themselves on the can do to put themselves in the
In fact, autistic people being wrong side of the law. best position possible.
arrested often affects families even It is essential that a solicitor For example, if expert evidence
Get In Touch more than the individuals representing an autistic client may help to persuade the Crown
themselves, as those under properly understands how autism Prosecution Service not to charge
investigation don’t always might be relevant to offending the person, or to caution rather
info@skyboundtherapies.co.uk www.skyboundtherapies.co.uk Facebook.com/SkyboundTherapies necessarily grasp the severity of behaviour. That is not to say that than charge them, a specialist
the situation. autism is going to necessarily lawyer can advise on how to
In the vast majority of instances, provide a defence – you can, of approach this.

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