'Caught in a neurotypical net': the risks presented by investigative police powers for autistic individuals

• In Event: POL Panel 26. Police interventions and their impact on crime and vulnerable groups.

Abstract

Criminal justice is a complex and challenging web of specialised processes, which can present significant challenges for vulnerable individuals drawn into it. Whilst recognition of and support for vulnerabilities in this context are not new, there remain significant gaps in understanding of and provision for autistic individuals in criminal proceedings. This paper examines a specific aspect of this - the potential challenges and risks for autistic individuals when the police exercise their ‘street’ powers of investigation, such as arrest or stop and search. The paper will argue that there is increased potential for such powers to be used inappropriately against autistic individuals, due to both the flexible legal framework governing their use; and a general failure of police officers to fully appreciate and recognise that the behaviour and communication of autistic individuals may be purely presentational, rather than suspicious or criminal. It will also suggest that there is an increased likelihood that interactions between officers and autistic individuals may cause the latter to experience significant distress and confusion, and that further use of investigatory power (and even criminalisation) may become more likely as a result of this distress and accompanying coping behaviours. The paper concludes that significant changes are needed in relation to training, knowledge and culture of policing in this context, which should be accompanied by reform of the regulatory framework governing police powers. Further research is also needed in this area, to fully understand the issue and design more effective and fair interactions.

Author

• Tom Smith, University of the West of England, United Kingdom