Neurodiversity is something that is considered and recognised in criminal justice system with specific guidance around policing, arrests, charging and support in the criminal court process.
This article draws on Stephanie Roe’s discussion on the SEN Talks podcast about neurodiversity in criminal law. As Director of Roe Lawyers, Stephanie regularly advises clients where neurodiversity, vulnerability or special educational needs are relevant to a criminal investigation. Her key point is a practical one: vulnerabilities should be identified early on order for the rights of the suspect or defendant to be supported.
Arrest of a person with neurodiversity
It is important that if there is a diagnosis or vulnerability that this is raised as early as possible and on arrest. That will impact how the police officers will interact with the person.
It is important to ensure that the person is represented by a solicitor and in some circumstances, it would be appropriate to contact one on their behalf as a family member or friend, as you can instruct one privately or request a duty solicitor on legal aid. The report of any vulnerability will be noted on the police file and that identifies the needs that person may have so that, as much as possible, their needs can be accommodated in an police station environment to not exacerbate the situation.
Connect With a Neurodiversity Criminal Defence Specialist
If the police have contacted your child, a student you support, or a client who may be neurodivergent, it is worth getting advice before anything important happens. Roe Lawyers is often instructed where autism, ADHD, SEN or communication difficulties are part of the picture, whether the person has already been arrested or the family is worried about what may happen next.
Where neurodiversity is involved, it is important to raise the issue before key decisions are made. Diagnosis records, school or medical information, known triggers and communication needs should be identified as early as possible, so that appropriate safeguards can be considered. Roe Lawyers can advise on the police station process, the evidence, any concerns about the fairness of an interview, and the wider steps needed to protect the client’s position.
Frequently Asked Questions (FAQs)
How does neurodiversity affect a police investigation or interview?
Neurodivergence changes how a person processes stress, language, authority, and sensory input. Without safeguards, they may look evasive, become distressed, shut down, or agree to leading questions just to leave. That is why early disclosure, legal advice, and an appropriate adult are important during any investigation and interview stage safely.
Can the UK police interview an autistic or ADHD individual without an Appropriate Adult?
Under PACE Code C, if officers have reason to suspect vulnerability, an autistic or ADHD suspect should not be interviewed or asked to sign statements without an Appropriate Adult, except in rare urgent circumstances. If that safeguard is ignored, the solicitor may contest the reliability and fairness of evidence later.
