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PDD Autism Asperger's syndrome PDA help advice support information rights
According to the Equality Act 2010 and the Disability Discrimination Act 2005, you have the legal right not to be discriminated against because of your disability and legal rights to reasonable adjustments with a diagnosis of autism spectrum disorder, including Asperger's syndrome and pathological demand avoidance sub-type. This applies in the courts just as much in any other setting.
The Equal Treatment Bench Book has lots of information on the rights to adjustments you have in court and this is all types of court, including family court: https://www.judiciary.gov.uk/publications/equal-treatment-bench-book/
Also the Advocates Gateway: http://www.theadvocatesgateway.org/toolkits has specific guides for ground rules, case management, questioning witnesses and now, also has a guide on the family courts. There are other relevant guides on the Advocates Gateway link.
Vulnerable witnesses and parties in the civil courts Toolkit 17: http://www.theadvocatesgateway.org/images/toolkits/17-vulnerable-witnesses-and-parties-in-the-civil-courts-2015.pdf
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Representatives and advocates may need to request extra time when proposing the time estimate of a hearing in cases where an adult party or witness has learning difficulties, or they may need to make arrangements for an intermediary, an adult services social worker or an advocate to attend court with the adult to assist them in following and understanding proceedings."
The Think Autism strategy document (Leading Fulfilling and Rewarding Lives) has information on autistics in contact with criminal justice on pages 38-40:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299866/Autism_Strategy.pdf
One quote from that document: "13.4 An aide memoire is also being developed by the CPS to assist prosecutors in cases where any party has autism. Cases involving offenders with autism often involve an application for special measures. The Judicial College has delivered training on the use of special measures and there is also access to materials via a private judicial training website. This includes the NAS publication Autism: a guide for criminal justice professionals"
http://theadvocatesgateway.org/images/toolkits/16-intermediaries-step-by-step-2017.pdf
Key points include:
• courts must take every reasonable step to encourage and to facilitate the attendance of witnesses and to facilitate the participation of any person, including the defendant (Criminal Procedure Rules 2015 (CPR) rule 3.9(3));
• a ground rules hearing (GRH) must take place if the defendant is vulnerable or if a vulnerable witness is due to give evidence; when there is an intermediary they must be included in the GRH discussion (CPR rule 3.9 (7))
1). Guidance on vulnerable witness and parties in the civil courts can be found in Toolkit 17 - Vulnerable witnesses and parties in the civil courts. http://www.theadvocatesgateway.org/images/toolkits/17-vulnerable-witnesses-and-parties-in-the-civil-courts-2015.pdf
You are very likely to be entitled to an advocate (an intermediary, not in the legal advocate sense) in court if you have an ASD, because it is a social communication disorder. They cannot make assumptions about your understanding, perception or abilities and should make reasonable adjustments for all areas you struggle with including processing delays. You may be entitled to a scribe, remote video link or other options. Her Majesty's Courts and Tribunals Service, "HMCTS", are responsible for paying for intermediaries.
If an assessment is needed to see if an intermediary is required, it says here that this is applied for under Part 25: https://www.childreninlaw.co.uk/2017/08/intermediaries-how-to-get-one/
https://www.theadvocatesgateway.org/intermediaries#Obtain
https://www.theadvocatesgateway.org/intermediaries
https://triangle.org.uk/page/who-needs-an-intermediary-family-proceedings
https://www.cps.gov.uk/legal-guidance/special-measures
McKenzie Friends: https://www.gov.uk/litigation-friend/suitability
It is my view that autistics often should have consideration for diminished responsibility due to the neurology of ASD and sentencing the same way as for neurotypicals is unjust, especially when many may have been victim to mate crime and being led astray by street-wise neurotypical peers who know exactly what they are doing. There have been various articles and research papers written on people with ASDs in the criminal justice system:
"Asperger Syndrome and perceived offending conduct: a qualitative study"
http://shura.shu.ac.uk/7155/1/Beardon_aspergers_-_full.pdf
"Asperger's Disorder, Criminal Responsibility and Criminal Culpability"
http://www.tandfonline.com/doi/abs/10.1080/13218710902887483
"Understanding What the Defendant With Asperger’s Syndrome Understood"
This disabled barrister describes how disabled people, including those with Asperger's are being denied their legal rights in courts: https://www.disabilitynewsservice.com/disabled-people-denied-access-to-justice-by-failure-of-judges-on-reasonable-adjustments/
Autistics in Criminal, Civil & Family Courts - Your Rights
