Thread by @Simonster4

It's still #AutismAcceptanceMonth and I'm today writing about the UK police and PACE requirements when investigating crimes.

PACE requires that vulnerable persons who are questioned have an appropriate adult with them. This is specified in PACE and the term appropriate

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adult and the regulation's scope was expanded in July 2018.

However there is a worrying trend in some police forces to ignore this requirement, putting vulnerable people at risk of not having the protective factors that they should whilst in custody.

An #autistic person

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is vulnerable and as such should have an appropriate adult with them. Who this person is very much depends on the individual, but it does not have to be a social worker, it can be a family member if that is the person that can be the most helpful in facilitating

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communication. Unlike legal advice, which is a right that can be waived, if you are vulnerable they are required to give you an appropriate adult. The role of the appropriate adult is to ensure that the person understands the question and can help facilitate an answer. They

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are not there to provide legal advice or assistance other than to help you and the officers communicate.

Unfortunately, some police forces have a policy of asking a Health-Care Assistant for their opinion on your mental state before interview. On the basis of this response

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they (often incorrectly) will state that no appropriate adult is required. This is not true and cannot be decided by an HCA. In fact, unless there is overwhelming evidence to the contrary, they should treat you as vulnerable if you have declared you have #autism to them.

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The Equality Act 2010 is quite clear that you only have to declare your condition for it to be taken into account, you do not have to provide a proven diagnosis.

At the moment, many autistic people are being interviewed not only without appropriate adults, but also without

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appropriate legal support, as they believe that by denying legal assistance they will avoid further delays and be able to leave sooner. This is being taken advantage of by some to create false narratives with questions being confused and answers that are given that do not

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match with the reality of the situation.

I ask anyone involved in the CJS to make sure that they understand their roles and responsibilities when it comes to dealing with vulnerable adults and in particular those with #Autism who may appear more capable than they are.

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If you are #autistic and have been in contact with the UK police in the last five years, please consider taking part in this study:

https://twitter.com/dianahepworth/status/1513885753897623562

I am a member a group who advocate for those with Autism who end up involved in the CJS.
twitter.com/AutismInTheCJS

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Useful resources on appropriate adults include:

PACE Code-C - July 2018: assets.publishing.service.gov.uk/government/upl…

Appropriate Adults: appropriateadult.org.uk

Mental Health Act 1983: Code of Practice - Definition of Mental Capacity and vulnerabilities:
assets.publishing.service.gov.uk/government/upl…

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