ABSTRACT
This chapter serves as both a summary and exploration of the theme that criminal courts—in terms of functions and processes—are not autism-friendly, and that they take insufficient account of autistic defendants' needs. As a result, this not only leads to a negative experience for defendants but also places them at a disadvantage within our adversarial system, undermining their fair-trial rights. This chapter outlines how certain features of Autism Spectrum Disorder (ASD) may be perceived negatively in the courtroom by criminal justice professionals and decision makers. Case studies are used to explore significant areas of potential vulnerability for autistic defendants, including legislative and procedural disadvantages. The chapter also considers when individuals with ASD are accused of complicity crimes, that is, playing a secondary role in a plan or as an accessory to a crime. Research is lacking as to what extent individuals with ASD may know and understand the essential terms of such a plan or act intentionally in furtherance of someone else's crime, especially when events may be spontaneous where agreement to a plan is alleged to be ‘tacit,' or assistance or encouragement is not directed by the principal but said to be the individual intention of the secondary party. The chapter also discusses the role of Liaison and Diversion (L&D) services in the early identification within police stations and their role in supporting defendants with ASD through the court system, recognising the importance of specific expertise being available for clinical assessments to advise the court on appropriate disposal options.
