Focus Area 7: Interactions with the justice system

We want to improve the experiences of Autistic people coming into contact with the criminal and youth justice systems.

Evidence indicates that Autistic people continue to be over-represented in the criminal and youth justice systems, as victims, witnesses, suspects or defendants, in addition to offenders in custodial or community settings. Although Autistic people are more likely to be victims of crime than offenders, any interaction with the justice system should be equitable.

Engaging with the justice system, which includes SA Police, the courts system and correctional services (e.g. prisons, community corrections and the Parole Board) can be complex and confusing. This is especially the case for Autistic people.

To ensure Autistic people have the right supports around them, a clearer understanding of why Autistic people are coming into contact with the criminal and youth justice system is required. This includes consideration of how certain Autistic qualities, such as communication style, can be misinterpreted by criminal and youth justice system staff.

Autistic qualities, such as avoidance of eye contact, lack of affect in verbal communication and not recognising subtleties of figurative language, can potentially be perceived as being non-compliant and aggressive and result in unfavourable interpretation by justice staff.

All aspects of our criminal and youth justice system must provide equal access to care and support for Autistic people, when needed. For example, when accessing the courts system (including as a witness), reasonable adjustments and supports are crucial to ensure Autistic people can engage fairly with the process and have confidence they can do so safely.

This can include providing supports that seek to reduce anxiety, improve emotional regulation and communication, and comfort in new spaces and situations.

Autistic people in custodial settings have a right to receive diagnostic assessments during their custodial sentences. However, more must be done to divert Autistic people from the criminal and youth justice systems, and this includes building the capacity of police and correctional officers to better understand autism.

“Fundamental human rights and opportunities also extend to those within the criminal justice system.” — Consultation participant

The Autistic and autism communities highlighted:

• Further autism-specific training of those working in the criminal justice system to address the misconceptions and misunderstandings of Autistic-qualities.
• The importance of written information at police stations and courts to ensure Autistic people can understand the process.
• Overrepresentation of undiagnosed Autistic people in criminal justice detention settings.

Our commitments:

• Improve the knowledge and understanding of autism across the criminal and youth justice systems.
• Ensure services and supports provided in community and custodial justice settings are responsive to the needs of Autistic people.
• Create autism-inclusive environments within criminal justice settings.