Neurodivergence, autism and the appropriate adult safeguard in police custody

Dehaghani, Roxanna; Smith, Tom

Abstract

Neurodivergent suspects and defendants may be disadvantaged by the processes and procedures within the criminal process. Whilst these disadvantages may emerge at any point of the process, they are particularly pertinent during detention in police custody. The various processes and procedures that suspects are subjected to, in combination with the critical nature of the investigative stage of the criminal process, may be destabilising or detrimental to the interests of the neurodivergent suspect. Focusing on Autism, this paper examines the difficulties that Autistic individuals may face and the ways in which their ‘vulnerability’ may emerge when engaging with the criminal process. Examining the appropriate adult – a procedural safeguard in police custody – and its implementation, this paper provides a robust analysis of the problems faced by Autistic suspects, drawing upon, inter alia, empirical research. It also provides suggestions for law, policy, and practice, serving as a catalyst to critically reflect upon the safeguarding of neurodivergent suspects.

• Journal Article Type: Article
• Acceptance Date: Aug 1, 2024
• Online Publication Date: Dec 13, 2024
• Publication Date: Dec 13, 2024
• Deposit Date: Sep 19, 2024
• Publicly Available Date: Dec 14, 2025
• Print ISSN: 0029-3105
• Publisher: Queen's University Belfast, School of Law
• Peer Reviewed: Peer Reviewed
• Volume: 75
• Issue: 4
• Pages: 690-719
• DOI: https://doi.org/10.53386/nilq.v75i4.1138
• Public URL: https://uwe-repository.worktribe.com/output/12898371