ABSTRACT
The pre-trial investigative interview is critical to building a case by establishing case-relevant facts elicited from the suspect. Phased interview techniques such as early rapport building with the suspect, open-ended questions to probe and gain information, and supportive questioning to aid recall have been designed to reduce the risk of “interrogative pressure” that can result in false confessions and ultimately impact an individual’s access to justice and their right to a fair trial. Despite these interview safeguards, suspects with the neurodevelopmental condition Autism Spectrum Disorder (ASD) may be uniquely vulnerable during pre-trial questioning. ASD can negatively impact an individual’s ability to process and recall information about social contexts (including personally witnessed events), communicate with others in social contexts (literal interpretation, social naivety, and trusting behaviour), and for some, reason coherently, and regulate emotions. This chapter considers the international literature based on the experience of suspects with ASD (SwASD) interfacing with police pre-trial and examines models of investigative interviews that best support SwASD. The specifics of the Irish context are noted throughout.
