Neurodivergence, autism and the appropriate adult safeguard in police custody

Dehaghani, Roxanna ORCID: https://orcid.org/0000-0002-7400-9433 and Smith, Thomas 2024. Neurodivergence, autism and the appropriate adult safeguard in police custody. Northern Ireland Legal Quarterly Item availability restricted.

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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.

Item Type:	Article
Date Type:	Published Online
Status:	In Press
Schools:	Law Cardiff Law & Politics
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Publisher:	School of Law
ISSN:	0029-3105
Date of First Compliant Deposit:	2 August 2024
Date of Acceptance:	1 August 2024
Last Modified:	08 Nov 2024 23:45
URI:	https://orca.cardiff.ac.uk/id/eprint/171102

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