This guide aims to provide parents and family members with information about the processes involved if their disabled child has contact with the police, their rights, and useful organisations and resources which can provide further help and support.
Background
The demands placed on parents looking after any child are high. However, looking after a disabled child is an extremely stressful role and many parents find it difficult to cope. 1, 2 Overall, parents of disabled children experience a large amount of anxiety and worry in their lives, as their role of carer involves looking after their child 24 hours a day, seven days a week. 3, 4
One of the problems that parents of a disabled child may face is dealing with their child’s challenging behaviour. Many disabled children are diagnosed as having challenging behaviour which can vary widely from night time disturbance to continual violence. 5 There are a range of disabilities where the behaviour exhibited as a result of the condition may be aggressive, loud and anti-social. 7 In all its forms it can be a particularly unrelenting source of stress and upset for the whole family. 5, 6, 7
Apart from the enormous stress challenging behaviour can place on parents looking after a disabled child in the home, one of the fears that parents of a child with a disability often have is that their child may be arrested because of the behaviour they exhibit due to the disability. 2 Evidence states that parents of disabled children continually worry about their child’s safety. 2 This can cause a dilemma for the parents who, on the one hand, want to give their children as much freedom as possible, but on the other hand, fear for their safety. The disability can sometimes go unnoticed by the general public and the behaviour may be seen as anti-social, threatening or aggressive, resulting in police involvement. In addition, the child could be observed acting dangerously or self- harming as a result of the disability. 8
Overall, a lack of understanding can lead to certain behaviour being misconstrued as offending behaviour. This can therefore result in police involvement. Parents of disabled children also face additional fears and challenges when their child is arrested, such as whether their child’s disability has been correctly identified by the police and appropriately dealt with.
Why might my disabled child come into contact with the police?
There are a range of disabilities that can cause a person to exhibit unusual or challenging behaviour which can result in contact with the criminal justice system. The vast majority of disabled children are law-abiding individuals and may never come into contact with the police. However, for some, there are a number of reasons that this may occur. Research has shown that people with developmental disorders such as Autistic Spectrum Disorder (ASD) are seven times more likely to come into contact with law enforcement, compared to others.9 This could be as a victim, witness, suspect or offender.
There are many reasons why disabled children may come into contact with the police. When a person with a disability comes to the attention of the police it is normally because of their social and communication difficulties being misunderstood. 10, 29 Many conditions, like ASD or ADHD, are hidden disabilities and it may not be immediately obvious to the general public or police that the person they have encountered has particular needs. As a result, a lack of understanding regarding disabilities can lead to certain behaviour being misunderstood as anti-social or offending behaviour.
Key reasons why disabled children may attract police attention:
1. Unusual or challenging behaviour
Misunderstanding of social cues is common. The behaviour of disabled children may often appear odd or peculiar. Examples of this include inability to make eye contact, which could be taken as the person hiding something or guilt, or prolonged or inappropriate eye contact, which can be construed as threatening. Children with ASD may speak in a monotone voice and/or with unusual or stilted pronunciation, repeatedly ask the same question or repeat certain phrases. Disabled children may also be unable to understand instructions or respond to requests, which could appear defiant to members of the public. 10, 11
In addition, disabled children can easily become anxious, agitated or distressed. Many children with disabilities display challenging behaviour which could be misconstrued as anti-social behaviour to those who are unaware of the child’s condition. For example, children with ASD can become extremely distressed in situations that they do not understand or where there is excessive noise. 10, 11 In addition, children can become upset by a change of routine or something unpredictable occurring. Disabled children may act out in these situations, such as by shouting, kicking, and becoming unmanageable. In children with ASD, hand-flapping, pacing, twirling of hands, self-harming, screaming or groaning, shouting and loss of control are all responses to fear, confusion or frustration. 10, 11 In such circumstances, their actions and behaviour can easily be misinterpreted.
In a situation where the police have been called, initial police contact with a disabled child can be distressing and can also exacerbate the situation. Sirens and lights can overwhelm a disabled child due to sensory overload and cause their challenging behaviour to escalate. In addition, the use of handcuffs can be extremely stressful and can result in a child attempting to run away, or becoming aggressive with the police. 10, 11
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Case Study
Kate (16) has Autistic Spectrum Disorder and dyspraxia. Kate’s mother explained the kinds of problems Kate experiences as a result of her condition:
‘Her ASD means she has problems processing information. She can’t speak to people... she doesn’t know how. She can’t deal with situations and is also very vulnerable.’
She added,
‘Kate doesn’t help herself. She tells a different story every time. She gets angry if people interrupt her. She loses her temper.’
Kate has been arrested twice, once for being disorderly in public and the second time for being involved in a physical altercation.
Cerebra parent |
2. Social naivety
Some disabled children may be more vulnerable to criminal acts against them because of their social difficulties and therefore, may be taken advantage of by individuals or may become unwitting accomplices to criminal activity. 10, 11, 29 It has been known for people with disabilities who desire friendship and to be part of a social group, to be duped into acting as unwitting accomplices in crimes such as theft and robbery, as they have been unable to read the motives of other people. 10, 11, 29 Disabled children are particularly prone to bullying.
Social naivety in disabled children can sometimes result in children making inappropriate social approaches; for instance, they may stand very close to another person, intruding into that person’s perception of personal space. This type of behaviour can be perceived as threatening to strangers who do not know the child. 10, 11
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Case Study
Alex (14) has Oppositional Defiant Disorder, Pervasive Developmental Disorder (PDD) and learning difficulties. Whilst at a friend’s house, Alex and some friends decided to break into a nearby church. A fire had also been made inside the church and the curtains had caught fire. Alex was arrested for burglary and arson. Alex’s mum explains,
‘A lot of these children will do things to fit in... it is difficult with Alex. ’
Cerebra parent |
3. Running away and obsessive behaviour
Some disabled children, especially those with ASD, are prone to run away when left unattended or if the chance presents itself. There are a number of reasons why a child might do this, such as sensory reasons i.e. the feeling of the wind on their face, or obsessional interests.
Disabled children, especially those with ASD, can be so fixated on their interests that they can put themselves in inappropriate situations. The child is often unaware of the effect that their actions could have on others, or that those actions could lead them to putting themselves in danger. Such situations can lead to dangers, both for the child and for others and can sometimes bring individuals and their families into contact with the police. 10, 11, 29
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Case Study
Peter (13) has ADHD and Obsessive Compulsive Disorder and has had behavioural problems for many years. His mother explained:
‘He always had problems as a child but around about the age of 12 his behaviour became extreme. He was smashing things and jumping off dangerous places.’
Peter also has a history of self-harm. Peter had been arrested numerous times due to his extreme and challenging behaviour.
Cerebra parent |
It is often the case that disabled children do not realise the impact their behaviour may have on others and the implications of their actions. Disabled children may also find themselves in contact with the police more than once, due to an inability to learn from previous situations.10, 11 For many children, such as those with ASD, their apparent independence can mask their social disability. It is therefore vital that they receive the right attention and support to help prevent future involvement with the police.
What is the role of the police in mental health?
It is government policy that people with disabilities and mental health problems should receive treatment and care from health and social services. The law allows for this to continue, or begin, if someone becomes involved with the police. 12
The police are commonly a first point of contact for a person in a mental health crisis. A large volume of police work relates to initial contacts and interactions with people who are mentally vulnerable. 13 Research undertaken within the Metropolitan Police suggests that 15% of incidents dealt with on a daily basis are mental health related. 13
The police have a number of policies to work with in relation to people with mental health problems and disabilities. Two significant pieces of legislation that shaped the role that police perform in this situation are:
- The Mental Health Act (MHA) 1983 and
- The Police and Criminal Evidence Act (PACE) 1984
Both continue to form the policy and legislative foundation of the way the police work with people with mental health problems. 13, 30
Where an individual is suspected of having a mental health problem and is in need of immediate care or control, the police can use Section 136 of the MHA to take the person from a ‘public place’ to a ‘place of safety’ for up to 72 hours.13 Under PACE, police can arrest (Section 26) and search (Section 32) someone they consider to be in need of possible police intervention, either as the result of a public request, from an agency such as a local authority, or of their own identification and awareness. 13
What is the Mental Health Act (MHA) 1983?
The MHA is the law under which a person can be admitted, detained and treated in hospital against their wishes. 13, 16, 17, 27, 30, 32
It has set rules about: 32
- the rights people have while they are detained
- how they can be discharged from hospital
- what aftercare they can expect to receive.
The Act applies in England and Wales. The Act defines a mental disorder as ‘any disability or disorder of the mind’. 32 This includes conditions such as ASD, behavioural changes due to brain injury, obsessive compulsive disorder, anxiety disorder and depression. |
What is the Police and Criminal Evidence Act (PACE) 1984?
PACE is an Act of Parliament which introduced a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing Codes of Practice for the exercise of those powers.
PACE and the Codes of Practice provide the core framework of police powers and safeguards around stop and search, arrest, detention, investigation, identification and the interviewing of detainees. 19 |
What is a ‘place of safety’?
Every year, some 11,000 people are taken to a police station as a ‘place of safety’ under the Mental Health Act. 13, 27 If your child is in a public place, and the police think they may be mentally vulnerable in any way and are in immediate need of care and control (Section 136 of the MHA), they have the power to detain the child. 12 This is known as taking someone to ‘a place of safety’. The police, health authority and social services authority should agree a local policy for putting into practice Section 136 of the Act. For example, police officers should know who to contact at the local hospital and social services department. 17
Taking someone to a place of safety will allow that person to be assessed by an approved clinician and by an approved mental health practitioner (AMHP). AMHPs are specially trained in both mental health and the law relating to it. They are appointed by local authorities to interview people and assess their wellbeing.
Ideally, a ‘place of safety’ should be a hospital rather than a police station, however, this is not always possible in the first instance. Your child can be held there for up to 72 hours so they can be examined by a doctor and interviewed by an AMHP and ‘any necessary arrangements’ can be made for their treatment and care. They can move your child from one place to another within this period; for example, from a police station to a hospital for the assessment. 12, 13, 16, 17, 27, 30
If the police remove someone under Section 136 of the Act to a police station, the person being removed is entitled to: 17
- have a person of their choice informed of their whereabouts
- access to legal advice
- medical treatment from an appropriate healthcare professional, if required.
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Police Powers
The police have the power to stop people and ask questions about their name, address and what they are currently doing or where they will be going. The police must caution anyone about their rights before seeking to question an individual about a suspected offence. 11
The police can search a person, or vehicle, if they suspect finding something illegal. If a person is arrested, the police must inform the individual of the reason. 11
If my child commits an offence, will the police arrest him/her?
This depends on what the offence is and what they know about your child. If the offence is a minor one, the police may use their discretion and do nothing. If the offence is more serious, the police may arrest your child and take them to the police station for questioning.12 If the police suspect that your child has a disability, they may take them to the police station for their safety and wellbeing. |
The police are allowed to use reasonable force, under PACE, when exercising their powers.11, 26 Reasonable force may be used by the police if the person attempts to resist or run away. This is a possibility and can occur when dealing with disabled children, such as those with ASD. 11
Strip and intimate searches can only take place if the police suspect the person to be hiding drugs or an article which may cause physical harm. 11, 26 An officer of the same sex must carry out these searches and an appropriate adult must be present if the person is under 17 or is a vulnerable adult. 11 The role of the appropriate adult and processes at the police station will be explained later in this guide.
What will happen at the police station?
There are several things the police must do if they realise, or are told that your child has a disability or mental health problem:
1. Firstly, they must contact an Appropriate Adult (AA). The police should not interview the child about an alleged offence unless there is an AA present.
2. Secondly, the police must contact a doctor. This may be their own doctor, who is called the Force Medical Examiner (FME), or a police surgeon. He or she will most likely be a general practitioner (GP). 12, 16, 31
Indicators of vulnerability include: 30
- irrational conversation or behaviour
- impulsiveness
- putting themselves or others in danger
- inappropriate or bizarre behaviour
- speech difficulties
-
confused responses to questions
-
problems remembering things
-
difficulty filling out forms
-
obsessional behaviour
-
repetition
-
being unresponsive.
What is an Appropriate Adult (AA)?
The AA role was created by PACE with the intention of safeguarding the rights and welfare of young people and vulnerable persons in custody. 14, 24 The AA has several roles. AAs are called to the police station as an important safeguard, providing independent support to detainees who are aged under 17, or may be mentally disordered or mentally vulnerable. 14, 24, 25 Their role is to assist your child and to ensure that they understand what is happening at the police station during the investigative stages, including the interview, and that they are comfortable and at ease. In particular they will: 12,14, 24, 25
- support, advise and assist your child
- ensure that the police act fairly and respect the rights of your child
- help communication between your child, the police and others.
If the police have not already called a doctor, then the AA can request that they do so.
AAs must be present when the police interview your child. They should: 14
ensure that the child understands the caution that is given by the police at the start of the interview
intervene if they feel it is necessary, to help the child communicate effectively with the police, or if they feel that the police questioning is confusing, repetitive or oppressive
ask for a break in the interview if they feel the child needs to rest, if they feel that they need legal advice or they want to talk to them in private
be present when the child is asked to agree and/or sign any documentation.
If they have any queries or complaints about the way an interview is conducted, they will speak to the Custody Officer immediately.
The AA will also be required to be present for the following procedures: 14
- during any search of the child involving the removal of more than outer clothing or during intimate
searches
during any form of identification procedure, involving the participation of the child including the taking of DNA samples
during any process involving the fingerprinting or photographing of the child or when a sample or footwear impression is taken from them
if the child is formally charged.
An AA will NOT provide your child with legal advice. 14, 24 Even if legal advice is refused, the AA has the right to request that a solicitor be called. 24 The Custody Officer must call the solicitor but the detainee cannot be forced to see them when they arrive. The AA is not entitled to be present during private legal consultations between the detainee and their legal representative. 12, 14, 31
An AA can be a family member, friend, volunteer or social/health care professional. The AA cannot be the solicitor. As a parent, you are entitled to be your child’s AA. |
What will the doctor do?
The doctor will decide if the child is mentally vulnerable or has a mental disorder. The doctor will advise the police whether the child is well enough to be questioned about the offence, even with the AA present, and will also decide whether the child is well enough to remain at the police station. 12
If the child feels distressed in the police station and would rather be questioned at a later stage, or if the child feels they need to be admitted to hospital, they can tell the doctor. The doctor will decide whether the child is fit to be detained in custody. If they are not, then the police must ensure the child is admitted to hospital, or possibly, that they go home. 12
Your child’s rights
If your child gets involved with the police, perhaps as a witness or victim of crime or they are detained, arrested and/or taken to a police station, they have the following rights: 11, 13, 16, 22, 25, 30
- the right to have someone informed of their arrest, be it a relative or friend
- the right to independent legal advice, free of charge
- the right to consult with their solicitor or the duty solicitor in private
- the right to consult the PACE Codes of Practice (the rules the police must follow)
- the right to an AA
the right to an interpreter if the child’s first language is not English
the right to a notice explaining further rights called the ‘Criminal defence services at the police station and in court’, this explains about breaks for food, use of the toilet, and so on
the right to silence.
These rights can be exercised at any time whilst the child is detained in custody. The Custody Officer must give the detainee a written notice of these rights and other entitlements which explain how the detainee should be looked after. 11, 14, 25
A child who is under 17 and mentally vulnerable must be told of these rights by the Custody Officer in front of an AA. They must also be advised of the duties of the AA and told that they may speak to the AA in private at any time. 14
The child can choose to have their own solicitor present or to ask for the duty solicitor. The police must help them get a solicitor. It does not cost anything to have a solicitor at the police station, and your child is entitled to one whether or not they have done anything wrong.12
Girls under the age of 17 years must be under the care of a woman while being detained or waiting to be so. This requirement comes from Section 31 of the Children and Young Person’s Act 1933 which takes precedence over the Sex Discrimination Act 1975. ‘Under the care of a woman’ means that a female police officer or female member of police staff must be assigned responsibility for the care of a female detainee under the age of 17 years whilst they are in police custody. 31
If the police take the child’s clothes, the child must be provided with alternative clothing. In addition, the child must be offered three meals a day, with drinks. Drinks should also be available between meals. 25
The police cannot normally hold a person for more than 24 hours without charging them with a crime. If the person is suspected of committing a serious crime, the period in custody can be extended to: 22, 26
- 36 hours (by a police superintendent at the police station)
- 96 hours (by the court).
Everything that happens at the police station is put on a record, called the custody record. A copy of the custody record can be requested afterwards. 25, 26, 31
What does the Custody Officer do?
Once a person has been detained, they become the responsibility of the Custody Officer. The Custody Officer is responsible for ensuring that the Codes of Practice are upheld and that the different stages of the investigation take place correctly. They are responsible for the proper treatment of the detainee, from their arrival at the police station until release, bail or being taken to court. 18 They are independent of the investigation.
In accordance with PACE, the Custody Officer must first of all determine whether there is sufficient evidence for the arrested person to be charged with an offence. If the Custody Officer is unable to determine that there is such sufficient evidence, the arrested person must be released. 15, 26, 31
The Custody Officer must authorise the detention of the suspected person. Following the authorisation, the custody record must be open for the suspect, the suspect must also be informed of the reasons for his/her detention, and the suspect must also be advised of his/her rights. The Custody Officer has the power to arrange for the detainee to be searched and certain items can be seized. The items which can be seized include clothing or anything which could contribute to the detainee damaging themselves, others or the police property, or which could help them escape or interfere with evidence which relates to the offence. 15, 26
Custody Officers are responsible for identifying if someone has a disability or is mentally vulnerable in any way and for contacting medical assistance. 18 They have to ask everyone that comes into their custody whether they have a special need. If the Custody Officer suspects the detainee may have a special need, the following process will be triggered: 11, 31
• the Force Medical Examiner will be called, usually a GP, whose main role is to decide whether the individual is fit to be interviewed
• if the Force Medical Examiner feels a psychiatric assessment is necessary, a duty social worker who is qualified to make an assessment under Section 12 of the MHA will be called to make an assessment
• if the social worker identifies any difficulties, two signatures will be required from psychiatrists in order to take the person out of the criminal justice system and into the mental health system; this does not necessarily mean that the individual will be sectioned.
The Custody Officer is responsible for the care and welfare of the detainee and must ensure that the investigation is conducted quickly and fairly. 12, 14, 26 |
What will the solicitor do?
The solicitor is there to look after the rights of the child while they are detained at the police station. They will talk to the police to establish if there is enough evidence to justify detaining the child, and whether the child is likely to be charged with an offence. They will advise the child about being interviewed and help them to understand what is happening to them. 12 An AA should be present during this process.
The solicitor will be present at the interview and will speak to the police if they are being too aggressive or if the child does not understand what is being said. 12 The solicitor has the best interests of the child in mind.
What is Legal Aid?
Legal aid helps people pay for the cost of getting legal advice. Legal aid (public funding) is usually available to pay for professional advice from a solicitor. This is means-tested (it depends on your income and savings) for most purposes, but not for advice in the police station. 12
If a person is questioned about a crime, they can get free legal advice even if they haven’t been arrested. They have the right to free legal advice (legal aid) if the police question them about a crime: 12, 21
- regardless of their financial circumstances
- even if they haven’t been arrested
- if they are questioned inside or outside a police station, for example in the street or at home.
If the person does not want legal advice, they can change their mind at any time. They can instruct a solicitor of their own choosing or there will be a duty solicitor available. 12, 19
For less serious offences, legal advice may be offered over the phone from Criminal Defence Service Direct (see ‘Useful organisations-Legal Services Commission’). This organisation offers free legal advice and is independent of the police. Legal aid might not cover all the costs of your case. Also, you may have to pay back the money you get as legal aid if you win any money or property from your case. 20
You can access the legal aid eligibility calculator on the Community Legal Advice (CLA) website detailed in the ‘Useful Resources’ section. The Directgov website http://www.direct.gov.uk/en/index.htm has comprehensive information on this matter. |
Will my child have to go in a cell?
The custody sergeant will make a decision about the child’s disability and placement in a cell. If the individual has particular needs, for example, if they claustrophobic, the custody sergeant will try and accommodate the person’s needs as much as possible. Detaining a mentally vulnerable person can worsen their mental distress. 28
Home Office approved cells and detention rooms are designed for single occupancy. Cell sharing should only occur on an exceptional basis and is not appropriate where: 31
- a detainee requires special provisions for any reason, e.g. because of a disability
- there are diversity issues that would make cell sharing inappropriate, e.g. religious beliefs and
the inability to meet religious obligations
detainees are not of the same gender
the detainee is a juvenile.
If a child is put in a cell, it must be clean, warm and lit. Bedding should also be in good order and the child must be allowed to use the toilet and wash if needed. 25
Fingerprints, photographs and samples
The police have the right to take a person’s fingerprints, photographs and a DNA sample (for example, a mouth swab). You cannot refuse to let them do this. 22 Information from fingerprints and samples are stored in a police database.
To take some other types of samples (called ‘intimate samples’) for example, blood or urine , the police need: 22
- the authority of a senior police officer (an inspector)
- the person’s permission.
The person can refuse to give permission. A legal adviser would explain what could happen if this is the case. 22
Interviews
Before the police ask any questions they must give a ‘caution’ which is a warning of what can happen if the person decides not to answer: 22
‘You do not have to say anything. However, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’
The police or a legal advisor will explain what this means in further detail.
Although people who are mentally vulnerable are often capable of providing reliable evidence, they may, without knowing or wanting to do so, be particularly prone in certain circumstances to provide information that may be unreliable, misleading or self-incriminating. PACE states that special care should always be taken when questioning such a person, and the AA should be involved if there is any doubt about a person’s mental state or capacity. 19
Due to the difficulties that disabled children have, such as communication and social interaction, a police interview can be extremely difficult. 11 The child may appear very able, with a good vocabulary, and an apparent understanding of what is being asked of them. There may be no reason for an interviewing police officer to suspect that the interviewee requires special help. 11, 29
However, disabled children may display a range of characteristics which could be problematic in an interview situation. For example, a child with ASD may give blunt answers, change the subject and be reluctant to make direct eye contact. 11, 29 There may also be problems with understanding and the child may not process what is being asked of them. For example, the literal way in which children with ASD interpret language can result in incorrect answers or in them becoming anxious. 10, 11, 23 A meaningful two-way conversation may be difficult.
Disabled children may also have poor language, reading and writing skills and may attempt to disguise this. 23 In addition, disabled children may become very anxious during the whole process at the police station and therefore may be very stressed during the interview. All these things can contribute to an assumption of guilt and may adversely affect any questioning. 10, 11
The MHA and PACE have been implemented with the aim of protecting suspects’ rights and wellbeing, in particular those of the young and mentally vulnerable. A number of safeguards are in place to ensure vulnerable persons are protected. In addition, organisations such as the National Autistic Society have produced guides for criminal justice professionals with recommendations on how to deal with children with disabilities.
The National Autistic Society’s guide can be found at the end of this brief in the ‘Useful resources’ section.
Recommendations for police interviewing include: 11
- keeping language clear and concise
- avoiding sarcasm, irony and metaphors
- avoiding ambiguity
- allowing the child extra thinking time to process information
- keeping facial expressions and hand gestures to a minimum
- using visual supports, if available
- allowing frequent breaks, especially if the child is clearly becoming anxious. This can be evident
through shouting, repetition, confusion, and/or hand flapping. |
The police may interview a person about their suspected involvement in an offence before any charge is made. If the police question a person, it will be in an interview room. The interview will be taped and the person is entitled to have a legal representative present during the interview.11 The police should only interview a disabled child when an AA is present unless delay would result in a risk of harm to property, people or evidence connected to the offence. 14, 17 When the police question the child, the following should apply: 25
- the room should be clean, warm and lit
- the child should be able to sit down
- the police should identify their name and rank
- the child should be allowed to have a break at normal meal times and a break for a drink
every two hours
the child should have at least 8 hours rest in any 24 hours of custody.
If your child is deaf, has a hearing impairment or speech difficulties, the police should arrange for an interpreter or to be present e.g. a sign language interpreter. They should not question your child until the interpreter is present unless a delay would mean an immediate risk of harm to someone or serious loss of, or damage to property. 17
What will happen to my child after questioning?
This depends on the nature of the offence the child is suspected of having committed. The police may deal with very minor offences by giving them a ‘caution’, particularly if they know they have a disability or mental health problem. 12 There will be a record kept of any caution given. This will be referred to if the child comes before a criminal court in relation to another allegation in the future. If the police decide that the offence is serious, or that there is a risk that they will re-offend, they may then be charged with an offence. 12
Will my child have to stay at the police station?
If the child is feeling distressed and particularly if self-harming could occur, the police must ensure that the child receives the care they require. This may involve the attendance of a doctor at the station and, possibly, admission to hospital. 12
When the police no longer have authority to detain the child, the police must release them. They may be required to return to the station at a later date for questioning, or to appear before the Magistrates’ Court. This is known as bail. If they are refused bail, the police will keep them in custody and must bring them before the Magistrates’ Court as soon as possible. 12
Advice
If you feel your child may come into contact with the police, there are some things you as a parent/carer can do to ensure the response of the police and criminal justice professionals is appropriate to your child’s needs. These include: 11
- Ensure your child carries some information about their identity and condition. Details can
include personal details, emergency contacts and an explanation of their condition.
If your child has autism, there are Autism Alert cards. This card is issued by the National Autistic Society and is designed to be used by individuals with autism (including Asperger’s syndrome), to explain their condition. It is kept in a credit card-sized wallet. Many police officers are familiar with this card.
Try to help your children understand what is appropriate behaviour through social stories. The National Autistic Society offer help on this- see section on ‘Useful organisations’ at the end of this guide. Social skills training can also help.
Practice with your child what to say if they should come into contact with the police in the future.
Useful resources
• Find a Police Force
This website provides you with helpful information about crime and policing in your area.
www.police.uk
• ‘Remember your Rights’
Useful guide on rights and entitlements during arrest and detention.
http://www.appropriateadult.org.uk/uploadedFiles/1237910760074-2128.pdf
• ‘Criminal defence services at the police station and in court’
Legal Services Commission
Tel: 0845 345 4345 Web: http://www.legalservices.gov.uk/default.asp
This leaflet explains what rights you have to legal advice, assistance and representation if you are taken to a police station for questioning or you are charged with a criminal offence and must appear in court.
Find it at: http://www.legalservices.gov.uk/LSCIL3E_CDS_At_Police_Stat_03_11.pdf
• Legal Aid Calculator
Legal Services Commission
Tel. 0845 345 4345 Web: http://www.legalservices.gov.uk/default.asp
Find it at: http://legalaidcalculator.justice.gov.uk/calculators/eligiCalc;jsessionid=8BC8EDE918BAED985D2FA05E913CD918?execution=e1s1
• ‘Keep Safe- A guide to personal safety’
The Home Office has produced a useful leaflet which is aimed at people with learning disabilities. It offers tips on keeping safe in the home and out in the community. http://www.west-midlands.police.uk/saferstreets/downloads/keep_safe.pdf
• ‘Sentence Trouble’
This guide is written for everyone that works or volunteers in Youth Offending Teams, Secure Children’s Homes, Secure Training Centres and Young Offenders’ Institutions. It is intended to help improve understanding and communication with children and young people, particular those with communications needs. It deals with the police interview, court appearance and custodial sentences. It gives tips for effective communication with children with communication needs who come into contact with the criminal justice system.
http://www.sentencetrouble.info/
• Autism Alert card
This card is issued by The National Autistic Society and is designed to be used by individuals with autism (including Asperger’s syndrome) to explain their condition. It is kept in a credit card-sized wallet. Many police officers are familiar with this card.
http://www.autism.org.uk/card
• ‘Autism: an at-a-glance guide for criminal justice professionals’
The National Autistic Society has produced a pocket-sized card for criminal justice professionals, containing essential information about autism. It outlines they key signs of autism and steps to ensure the person is appropriately dealt with in the criminal justice system.
http://www.autism.org.uk/products/core-nas-publications/autism-an-at-a-glance-guide.aspx
• ‘Criminal justice system and ASDs’
The National Autistic Society have produced a useful overview of ASD and the law. It discusses reasons for contact with the criminal justice system, police powers, the police station and the courts.
http://www.autism.org.uk/working-with/criminal-justice/criminal-justice-system-and-asds.aspx
• ‘Autism: a guide for criminal justice professionals’
The National Autistic Society has produced this guide which provides background information about autistic spectrum disorders. It aims to assist all professionals working in the criminal justice system who may come into contact with someone who has autism, particularly police officers, solicitors, barristers, magistrates, justices of the peace, the judiciary and the courts.
http://www.autism.org.uk/working-with/criminal-justice/autism-a-guide-for-criminal-justice-professionals.aspx
Useful organisations
• Mind’s Legal Advice Service
Tel. 0300 466 6463 Web: www.mind.org.uk Email: legal@mind.org.uk
Mind offer legal information and general advice on mental health related law, covering mental health, mental capacity, community care, human rights and discrimination/equality related to mental health issues.
• Citizens’ Advice Bureau
Tel: 0844 477 2020 (Wales) /08444 111 444 (England) Web: www.citizensadvice.org.uk or www.adviceguide.org.uk
Free, confidential, impartial and independent advice on debt and consumer issues, benefits, housing, legal matters, employment and immigration. Advisers can help fill out forms, write letters, negotiate with creditors and represent clients at court or tribunal.
• Advicenow
Web: http://www.advicenow.org.uk/
Advicenow brings together the best information on the law and your rights from a wide range of advice and information services.
• Voice UK
Tel: 01332 291042 Email: voice@voiceuk.org.uk Web: www.voiceuk.org.uk
A national charity supporting people with learning disabilities and other vulnerable people who have experienced crime or abuse. They also support their families, carers and professional workers.
• Your Rights
Web:
http://www.yourrights.org.uk/
Information and support for individuals and organisations who wish to understand and enforce their rights under the Human Rights Act 1998.
• Legal Services Commission (Community Legal Service, Criminal Defence Service and Legal Services Commission).
Tel. 0845 345 4345 Web: http://www.legalservices.gov.uk/default.asp
The Legal Services Commission (LSC) works in partnership with solicitors and not-for-profit organisations to help over 2 million people each year access legal advice, information and help.
• Direct Gov- Legal Advice and Legal Aid
Web: http://www.direct.gov.uk/en/Governmentcitizensandrights/GettingLegalAdvice/index.htm
Where to get legal advice and how you can find out if legal aid can help you with legal costs.
• Find a Solicitor- The Law Society
Tel. 020 7242 1222 Web: http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
The Law Society represents solicitors in England and Wales. It holds a database of solicitors in England and Wales. You can search this database by location and specialism eg. ‘criminal law’ or ‘mental health and capacity law.’
• Find a Barrister- Bar Council
Tel. 020 7242 0082 Web: http://www.barcouncil.org.uk/about/find-a-barrister/public-access-directory/
The General Council of the Bar (Bar Council) is the Approved Regulator of the Bar of England and Wales.
• Lawyers for people with learning disabilities
Tel: 020 7405 1234/ 020 7831 8939 Web: http://www.lpld.org/
Enables members of the public to locate solicitors with experience of representing clients with learning disabilities.
• National Autistic Society (NAS)-recommended legal firms
Tel: 0808 800 4104 Web: http://www.autism.org.uk/ Email: nas@nas.org.uk
The National Autistic Society has a list of recommended legal firms which have experience of dealing with ASD. They give impartial, confidential information, advice and support to people on the autism spectrum, their families, professionals, researchers and students.
Find it at http://www.autism.org.uk/en-gb/living-with-autism/out-and-about/encounters-with-the-law/legal-firms-with-experience-of-dealing-with-asds.aspx
• Child Brain Injury Trust (CBIT)- UK Legal Directory
Tel: 0845 6014939 Web: http://www.childbraininjurytrust.org.uk/index.html Email: helpline@cbituk.org
The Child Brain Injury Trust have developed this brand new ‘Directory of Legal Services’ as a guide for those parents seeking legal advocacy for their child.
Find it at http://www.cbituk.org/legal/
• Headway –Head Injury Solicitors Directory
Tel: 0808 800 2244 Web: http://www.headway.org.uk/home.aspx Email: enquiries@headway.org.uk
Headway has a Solicitors Directory to search for solicitors across the UK who can provide legal assistance in a variety of forms.
Find it at http://www.headway.org.uk/legal-advice.aspx
• National Appropriate Adult Network (NAAN)
Web: http://www.appropriateadult.org.uk/
NAAN gives advice, guidance and support to all those involved in this important work, provides information on training and standards, and works with the government and others on policy and practice issues.
• Care Quality Commission
Tel. 03000 616161 Web: www.cqc.org.uk
The Care Quality Commission has been set up to regulate and improve the quality of health and social care and look after the interests of people detained under the MHA; it has taken over from the Commission for Social Care Inspection, the Health Care Commission and the Mental Health Act Commission.
• Complaints against the police- The Independent Police Complaints Commission (IPCC)Web: http://www.ipcc.gov.uk/en/Pages/default.aspx Email: enquiries@ipcc.gsi.gov.uk
Tel: 08453 002 002
Ensures that complaints against the police are dealt with effectively. The IPCC sets standards for the way the police handle complaints and, when something has gone wrong, it helps the police learn lessons and improve the way they work.
References
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