Hi, it's Deborah and Euzi
Let us talk about autism! If a solicitor recognises that their client is autistic or has a mental health condition, they might ask to delay proceedings until a psychiatric report can be obtained.
In the International Classification of Diseases, autism comes under the heading of 'Mental and behavioural disorders', and under the sub-group of 'Disorders of psychological development'. This offers the magistrate the option to proceed under mental health rather than criminal legislation.
A client on the autism spectrum should be assessed for their capacity to understand the proceedings. Some autistic clients are unfit to plead in court.
The judge or jury can decide on a person's fitness to plead and can draw on as many psychiatric reports as necessary in order to do this.
It is essential to have a report from a specialist in the autism field. Sometimes it is easier to obtain a specialist medical report after obtaining medical reports from the person's GP. In some cases, a court may make a hospital order for 28 days for assessment. This will usually be at the local psychiatric unit, where there may not necessarily be an autism specialist.
Autistic witnesses may need special measures and/or a Registered Intermediary who can help the judge and the lawyers to phrase their questions in a way that the client will understand. At the discretion of the judge, these things can also be put in place for a vulnerable defendant.
Police or the Crown Prosecution Service can request a Registered Intermediary through the Witness Intermediary Scheme by contacting the National Crime Agency Specialist Operations Centre (SOC) at soc@nca.x.gsi.gov.uk or on 0845 000 5463. This is for criminal cases only, and SOC can only take requests from the police or CPS, not from individuals.
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