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Defendants with autism spectrum disorders: what is the role of court liaison and diversion?

Defendants with autism spectrum disorders: what is the role of court liaison and diversion? PurposeThe purpose of this paper is to examine the role of liaison and diversion services working in the lower courts (also known as Magistrates’ courts) with regard to autism spectrum disorders (ASDs) and their assessment, in particular, the role of pre-sentence and psychiatric reports and interviews.Design/methodology/approachCurrent practice is described in the lower courts in the context of current legislation and procedures.FindingsWhen writing reports, there is a need for expertise to offer an opinion on future risk, disposal and what needs to be in place to support people with ASDs. No assumptions should be made when reporting on the basis of an ASD diagnosis alone and each case must be assessed on its individual merits while ensuring that individual human rights are protected.Originality/valueThere is currently a sparse literature examining ASD in court settings. This paper seeks to clarify the current practice. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Advances in Autism Emerald Publishing

Defendants with autism spectrum disorders: what is the role of court liaison and diversion?

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Publisher
Emerald Publishing
Copyright
Copyright © Emerald Group Publishing Limited
ISSN
2056-3868
DOI
10.1108/AIA-08-2017-0018
Publisher site
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Abstract

PurposeThe purpose of this paper is to examine the role of liaison and diversion services working in the lower courts (also known as Magistrates’ courts) with regard to autism spectrum disorders (ASDs) and their assessment, in particular, the role of pre-sentence and psychiatric reports and interviews.Design/methodology/approachCurrent practice is described in the lower courts in the context of current legislation and procedures.FindingsWhen writing reports, there is a need for expertise to offer an opinion on future risk, disposal and what needs to be in place to support people with ASDs. No assumptions should be made when reporting on the basis of an ASD diagnosis alone and each case must be assessed on its individual merits while ensuring that individual human rights are protected.Originality/valueThere is currently a sparse literature examining ASD in court settings. This paper seeks to clarify the current practice.

Journal

Advances in Autism – Emerald Publishing

Published: Oct 2, 2017

References

  • Experiences of prison inmates with autism spectrum disorders and the knowledge and understanding of the spectrum amongst prison staff: a review
  • A justice system failing the autistic community