It is important that you know and understand the reason for this petition before you decide to sign it or not. A lot of comments have come to the site saying it is unfair. That is why we have decided to explain the aim of this petition. Mainly this is to make people understand that all you're signing for is desperately needed.
The aim of this petition is to:
Exempt people with AS or ASD from Criminal law procedings
This is covering things like having to go to court, talking to police/being interviewed by police. Appropriate adult has to talk to the police for the person with AS or ASD. They talk to the person with an Autistic Spectrum disorder first and then relay the reason to the police in a way that will not sound wrong.
Make sure people with AS or ASD don't have to go through court
People with AS or ASD fear being judged because they know that their behaviour is seen as odd. The stress of court is a major factor in people on the Autistic Spectum's worsening behaviour. They do not know if their future is secure and they have no certainty of what their future is going to be like. That is very soul destroying especially for someone with AS or ASD because they can't function properly without having everything planned as they need to prepare for it. This is just a stressful bit of the process that delays things too long for them. They need a process that makes a decision as soon as their charged which will be explained in another paragraph below.
Stop people with AS or ASD from being put in police cells
People with AS or ASD do not do well being locked up. They should not be put in this position yet society lets them be. So if they get arrested the police should do their interview like it is stated abouve and let them out straight after, not locking them in a cell for hours why they make a decision. Being put in a cell destroys a person with AS or ASD because they can't see what society said they'd done wrong. It can cause perminant psychological damage as in most cases this happens more than once to people on the spectrum, sometimes they can keep being arrested and chucked in a cell for years because they repeat what they've done that society classes as wrong.
After they have been charged they get referred to specialised hospitals as inpaitants or outpaitents depending on seriousness of crime commited
This will stop people with AS or ASD from re-offending. This is a much better and helpful option than the prision route and should be quicker than letting the courts deal with it.
If crime commited was due to their social difficulties they should have mandatory social training wherever it's available
This will help the offender understand social difficulties they've experienced that resulted in them breaking the law in the first place.
After 12 months of having a criminal/police record, good behaviour should be rewarded by having their records scrapped
If a person with AS or ASD has overcome their difficulties that caused them to break the law for 12 months thier records should be scrapped. It's hard enough for people with AS or ASD to get a job let alone having a police/criminal recrod too. Their mistakes shouldn't be held against them/their name for life.
Don't put them in prision in any circumstances
This is NOT the answer for anyone on the spectrum. Thier punishment should NOT consist of prision or being locked up in ANY way. They don't deserve to be incarcurated for things that they probably couldn't help. All other routes should be exausted before prision is even considered. Even then it should NOT be used if something else comes up.
Department of Health
Richmond House
79 Whitehall
London
SW1A 2NS
Tel: 020 7210 3000
09 March 2007
PO00000184070
David Tredinnick MP
House of Commons
Westminster
London SW1A 0AA
Dear David
Thank you for your letter of 5 February to Rosie Winterton enclosing correspondence from your constituate Ms Emma Thomson of (my address) about people with autistic spectrum disorders (ASDs) in the criminal justice system.
I should explain that abouve all, sentencing is a matter for the courts. The National Autistic Society (NAS) has stated that there is no evidence of an association between ASDs and criminal offending. Due to the rigid way many people with ASDs abide by rules and regulations, they are often more law abiding than the general population and are more at risk of being victims of crime than offenders.
However, Ms Thomson has raised a valid point about the importance of a good quality service for vunerable people who come into contact with the criminal justice system. We know that a significant proportion of people in prison suffer from some form of mental illness, and that people with ASDs are among these. Many also have a long history of other problems, including substance misuse.
We acknowledge that prisons are not always appropriate places for people with such conditions and we are working to improve the treatment that all offenders with mental health and related problems receive. Indeed, this is one reason we have transferred responsibility for commissioning prison health services from the prisons to the NHS. We expect that this will improve not only the quality of services provided, but also the continuity and quality of care between prisons and the community.
ASDs are identified mental and behavioural disorders in the World Health Organisation International Classification of Diseases and are therefore covered by the provisions of the Mental Health Act 1983. Under this Act, the courts have powers to assess mentally ill offenders before sentencing and refer them to receive specialist treatment in hospital. In 2004, 1,195 convicted offenders were referred to hospital by this route. We will be undertaking further work this year to strengthen the mental health support available to the courts to assist them in their decisions about individual cases. It is also hoped this will divert people away from the prison system if their condition or offence warrent it.
We have also stenghtened the provision of psychiatric care in prison for those whom a custodial sentence is judged by the courts to be appropriate. All prisoners are assessed at the point of reception into prison. Those who are judged to be at risk of having mental health problems are referred for a mental health assessment. Prisoners identified as needing further help can be referred to mental health in-reach teams and this year all prisons will have access to them.
For offenders who develop more serious mental disorder that cannot be managed within the prison, we have improved the process by which, under the Mental Health Act 1983, prisoners are transferred to the appropriate psychiatric facility. In 2006, 31 per cent more prisoners with severe mental illness were transferred to specialised psychiatric facilities than in 2002.
A significant number of people with ASDs have learning disabilities and historically both groups have shared some services. In February, the Care Services Improvement Partnership (CSIP), commissioned by the Department of Health, published Postitive Practice: Positive Outcomes: A Handbook for professionals in the criminal justice system working with offenders with learning disabilities. This can be found on the CSIP website: www.hsccip.csip.org.uk/learningdisabilities
This aims to help criminal justice professionals to recognise when a person has learning disablities, improve their communication with and support to such people , establish and maintain links with the local learning disability services and other support services, and be aware of current relevant legislation. Much of the advice and the positive practice examples listed in this handbook are relevant to offenders with ASDs.
NAS has also published a wide range of materials to improve understanding of why people with ASDs might become involved with the criminal justice system, as victims, witnesses, or offenders, and to promote knowledge of the various ways to help ensure that responses to behaviour are appropriate. This includes a web based learning resource specifically aimed at criminal justice professionals. All NAS materials can be accessed at: www.nas.org.uk/nas/jsp/polopoly.jsp?d=118&a=5632
Investment in prison mental health in reach services has now reached nearly £20million year on year since 2004/05. In total, the Government is investing around £200million on prison health services in 2006/07, a substantial increase on the £118million spent in 2002/03. The Home Office and the Department of Health have established a joint unit to address issues in respect of the health needs of offenders in the criminal justice system that works closely with the Office for Criminal Justice Reform (OCJR).
Lastly, Ms Thomson suggests that good behaviour by people with ASDs in prison should be rewarded by having their criminal records cleared. I hope ms. Thomson understands that we are obliged to abide by the law in respect of records, regardless of an individuals diagnosis.
I hope this reply is helpful.
Ivan Lewis