Autism

For many neurodivergent individuals, a criminal investigation can feel overwhelming. The environment, the questioning style, the pace, and even the sensory setting can create significant stress. That stress can then impact how someone communicates, how they process information, and how they respond to police questioning. Without the right support, their behavior can be misunderstood, and that can have a serious impact on the outcome of a case. At Olliers, we take pride in representing neurodivergent clients, including those with autism and ADHD. We recognise that the criminal justice system still has significant strides to make in ensuring fairness for neurodivergent individuals. Guiding our clients through what is often a confusing and intimidating process is a responsibility we take seriously. Our starting point is understanding each individual’s needs. Before any police interview, we speak privately with our client to identify what helps them communicate clearly and what might cause difficulty. If an appropriate adult is needed, we make sure one is present. We will engage with the police in advance to request reasonable adjustments, maybe breaks or simpler language or even altering the environment to reduce stress. During the interview itself, we are there throughout. If a question is confusing, unfair or too fast-paced, we intervene. We help ensure the client is not misunderstood or pressured into saying something that isn’t accurate. Our role is to protect the rights and create space for our clients to communicate in the way that works best for them. Some clients might struggle with open-ended questions. Others might take things literally, mask their distress, or say what they think the interviewer wants to hear just to end the situation. Many experience heightened anxiety or sensory overload in a police station. All of these factors can lead to answers that do not reflect what actually happened, which is why the right approach is so crucial. Many of our clients come to us after being contacted by the police regarding allegations of internet-based offenses, including indecent images and allegations of sexual communication. Whilst autism itself does not increase the likelihood of offending, autistic individuals are in fact often more likely to be victims of crime, it can sometimes be a contributing factor in cases related to internet use. Offences stemming from internet activity may be tied to difficulties with social relationships or misunderstandings. Autism is characterised by challenges in social communication which can sometimes manifest as repetitive behaviors, fixations or misunderstandings about social and sexual norms. For some vulnerability online may lead to mistakes, boundary misunderstandings or even being exploited or radicalised. Many of our autistic clients are of average or above average intelligence, often in professional roles. However, there can be a disconnect between their cognitive ability and their social maturity, which might align more closely with a younger age group. This disparity can create risks, particularly in online interactions where age assessments and social boundaries are much harder to navigate. We frequently represent clients who unintentionally engage in relationships with individuals below the age of consent due to such misunderstandings. In these cases, obtaining expert evidence is crucial in demonstrating intent and context. Autistic individuals may spend more time online due to social isolation, which can increase their exposure to risks such as inappropriate content or unsafe relationships. For some, the internet becomes a space to explore sexuality or educate themselves. But this can lead to unintentional exposure to illegal material. Without understanding the legal implications, they may access such material, triggering police involvement, arrest, and investigations that can be overwhelming and extremely damaging to mental health. At Olliers, we work with expert defence witnesses to provide nuanced evidence, which is vital for mitigation and achieving fair outcomes in court. Representing neurodivergent clients requires a deep understanding of how such conditions might influence behavior. While autism does not excuse illegal actions, it can provide important context that explains why somebody acted in a particular way. Many clients may lack formal diagnosis until they’re involved in a case, although often say to us they have always felt they’ve had autism or ADHD. At Olliers, we are dedicated to advocating for our neurodivergent clients. Our team is fully trained in autism and remains upto-date with legal developments and best practices. We actively campaign for improvements to ensure a fairest system for neurodivergent individuals. Our experience and commitment means we know how to navigate these complex cases and provide the best possible support for our clients. neurodivergent clients deserve a process that is fair, accessible, and properly informed. When their needs are understood and supported, the investigation becomes more humane. At Olliers, we combine our criminal defence expertise with a genuinely person centered approach so our clients feel safe, heard, and protected from the very start. If you or someone you care about is neurodivergent and facing a police interview or criminal investigation, please reach out to us early. You do not have to go through this alone. Specialist support can safeguard your rights and your well-being from the very first moment you are contacted by the police. If you require representation for yourself, a friend or family member, please contact us and we can discuss how Olliers can advise and represent in.