Autism and the Criminal Justice System

What we want to find out

While most autistic people will never be arrested or charged with a crime, it is important to understand how the criminal justice system treats those who are. We are asking whether autism is recognised and whether reasonable adjustments are made so that autistic people are treated fairly at every stage of interactions with the criminal justice system. 

We also want to learn whether autistic people are more likely to have encounters with law enforcement and, if so, what factors might make them more vulnerable.  

Why we are doing this research

Autistic people often experience the world differently, including differences in in social communication and sensory processing. Sometimes this can affect how someone interprets risks or social cues in certain situations. 

Some autistic people may also be more vulnerable to exploitation by others with harmful intent. A strong focus on specific interests or goals can sometimes lead to unintended problems if boundaries aren’t clear. In stressful or threatening situations, some autistic people may try to manage things alone rather than ask for help, which can increase risk. 

This project looks at whether the criminal justice system recognises and responds to autism, and if it could better support autistic people to ensure fair treatment. 

Method

Study 1: In the first study, defence lawyers from around the world were invited to complete an online survey about cases in which they had defended an autistic client, and in many cases also a non-autistic client charged with a similar offence. The survey asked about whether autistic defendants received appropriate support, how well their needs were understood by police and court personnel, and whether their autism was considered at different stages of the justice process.  

Study 2: In the second study, autistic and non-autistic adults who had been arrested were invited to complete a detailed online questionnaire about their own experiences with police questioning, trials, and the impact on their mental wellbeing, including stress and coping. Participants were recruited online and through autism research databases, and all gave informed consent before taking part. Both studies used standardised online surveys to gather information that could be compared across groups to understand whether autistic people face disadvantages or lack of adjustments in the criminal justice system.  

Study 3: Our third study explored the feasibility of screening arrested individuals for traits related to ADHD and autism and examined the reason leading to the arrest. Over an eight-week period in 2024, people detained at six London Metropolitan Police custody centres were offered voluntary screening for ADHD and autism carried out on-site by a healthcare professional, detention officer, or arresting police officer. ADHD traits were assessed using a modified version of the Adult ADHD Self-Report Scale. Autistic traits were assessed using the 10-item Autism-Spectrum Quotient. Although these tools are not diagnostic, they provide a practical method to identify people who may benefit from further assessment. 

Community engagement

As part of the first study, we held a focus group with three lawyers who had experience defending autistic clients in the criminal justice system. We also held a focus group with three autistic adults who had lived experience of the criminal justice system and a one-to-one interview. In both cases, changes were made to the surveys that we sent out as a direct result of the input from the lawyers and autistic community members. 

For the third study, we collaborated with the Metropolitan Police Autism Support Group Committee, whose members are either autistic or parents/carers, as well as charities such as Anna Kennedy Online and ADHD Liberty for views and feedback about the proposed study. Before progressing, the study was subject to a rigorous ethics panel who carefully considered the proposal before providing approval. 

Results

Our findings from the three studies completed so far found that autistic people were not always given the support they needed whilst navigating the criminal justice system. For example, not all autistic people had an appropriate adult with them at the police station who could help to make sure they understood what was happening around them. 

The experience of being involved with the police may also have a more negative impact on autistic peoples’ mental health than that of non-autistic people. Autistic people were more likely to suffer meltdowns and shutdowns because of their involvement with the criminal justice system. 

The third study suggests that one in two individuals arrested and detained in London may have undiagnosed ADHD and one in 20 may have undiagnosed autism, based on the results of the screening tool. Screening for neurodivergence at early stages of police contact could serve as a key opportunity to consider cognitive and communication differences, as well as to ensure access to appropriate support. 

Potential impact

This project could help improve how autistic people are supported both before and within the criminal justice system. By deepening our understanding of the pathways that may lead to contact with the system, the research may help identify earlier, more effective points of support.  

It could also shape changes within the justice system to make the processes more accessible and minimise the risk of inadvertent discrimination towards autistic defendants.  

The findings will be relevant to lawyers, judges, probation officers, police, autistic people and their families, and policymakers seeking to develop fairer, more responsive systems of support. 

Publications

Brown, D, Procyshyn, TL, Allison, C, Neyroud, E, Baron-Cohen S, (2025) Neurodiversity in custody: Screening results for ADHD and autistic traits in individuals arrested by the London Metropolitan Police. Criminal Behaviour and Mental Health, 10.1002/cbm.70018. 

Slavny-Cross, R, Allison, C, Griffiths, S, Baron-Cohen, S, (2022) Are autistic people disadvantaged by the criminal justice system? A case comparison. Autism, 27, 1438-1448. 

Slavny‐Cross, R, Allison, C, Griffiths, S, Baron‐Cohen, S, (2022) Autism and the criminal justice system: An analysis of 93 cases. Autism Research, 15, 904-914. 

Funding

Staff

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