Caught in the net: Police powers of investigation and the risks for autistic individuals

Smith, Tom

Abstract

This chapter examines a specific area of vulnerability in the context of the criminal justice process: the challenges faced by autistic suspects in interactions with police officers, both in public spaces and in custody settings. The needs of neurodivergent individuals have been receiving increased attention from policy makers and practitioners in recent years. It is well recognised that being neurodivergent - that is, having cognitive development which diverges from the typical, including autistic people - can present particular challenges in the context of criminal justice, because of significant differences in communication and behaviour which may not be understood by practitioners. Despite the increased attention, significant problems in managing the needs of autistic and other neurodivergent persons remain, risking both unfair treatment and unjust outcomes. The chapter focuses specifically on the difficulties faced by autistic suspects when the police exercise their powers to gather and examine evidence of alleged criminal behaviour, particularly ‘street’ powers (such as Stop and Search) and pre-charge detention. The chapter examines two key issues. First, the increased potential for such powers to be used against autistic suspects, due to the flawed framework governing police powers and a general failure to appreciate that behaviour and communication of autistic individuals may not be suspicious or criminal at all; and second, the increased likelihood that interactions between the police and an autistic individual may cause the latter to experience distress and confusion, and that further use of investigatory power (and even criminalisation) may become more likely. The chapter concludes that significant changes are needed to both the training and knowledge of officers, but also the regulatory framework governing their powers; otherwise there will continue to be a significant risk of inappropriate treatment and unnecessary criminalisation of autistic individuals.

• Online Publication Date: Jan 27, 2022
• Publication Date: Jul 29, 2022
• Deposit Date: Jan 27, 2022
• Publicly Available Date: Jul 28, 2023
• Publisher: Routledge
• Series Title: Contemporary Issues in Criminal Justice and Procedure
• Book Title: Challenges in Criminal Justice
• Chapter Number: 7
• ISBN: 9780367698041
• Public URL: https://uwe-repository.worktribe.com/output/8688572
• Publisher URL: https://www.routledge.com/Challenges-in-Criminal-Justice/Johnston/p/book/9780367698041