Criminal Justice System Support.
1. Fetal Alcohol Spectrum Disorder (FASD) is a permanent brain injury to the brain. FASD is a neurodevelopmental disability which affects the way a person understands communication and interacts.
Logic cannot be expected from a person with FASD during a crisis. NEVER ASK WHY the person did or is doing something. The person may have no idea. A person with FASD is prone to both impulsivity and a lack of personal insight.
2. Recollections of the exact sequencing of an event is unlikely to be consistent or match the actual sequence of what happened. The sequence could be mixed up because individuals with FASD have brain damage where they have trouble with memory & where they might 'confabulate' pieces of information together.
Further, abstract concepts of time and money can also big stumbling blocks for those with FASD. The answers given to the same questions may be different even in the space of a minute.
3. When possible, communications should be conducted in a quiet and safe environment. For example surrounding a person with FASD with several law enforcement officers and rapidly asking questions would be overwhelming and not be PACE compliant.
One-on-one interpersonal interactions are preferable but the individual should be supported by an appropriate adult and a solicitor who understands FASD.
At no time should the individual be left alone.
The professional should act quietly and calmly, without any emotion.
Those with FASD are highly influenced by the emotional atmosphere around them. Any frustration or intense emotion on the law enforcement officer’s part will be absorbed and magnified back by the person with FASD.
Individuals with Fetal Alcohol Spectrum Disorder (FASD) have a neurodevelopmental spiky profile where they are on average half or less their chronological age; this will need specialist support.
4. Individuals with FASD may admit to something they have not done, omit relevant information or deny something because they do not truely understand the questions or what an Officer is saying.
They may say 'yes' to please or stop themselves from feeling confused or uncomfortable.
Those with FASD are highly suggestible; take advise from an FASD Informed clinical professional where it is likely that they will need a 'suggestibility assessment' and or a neuropsychological assessment from an FASD Informed Clinical Psychologist.
Please refer to PACE guidelines at all times & seek advise regarding mental capacity assessment through an FASD advocate.
5. Professionals should be sure to help a person with FASD orient to the situation. This should include clearly explaining what is happening at each step during the process. The use of clear, simple, and short sentences can be incredibly beneficial.
The professional should continue to reassure the person with FASD and let him or her know that he or she is safe. Professionals should help minimise the risk of catastrophising.
6. Always ask a person with FASD how to contact his or her 'safe person.' Be sure to give individuals the opportunity to communicate with their safe person.
Check system or NHS file for name of carer or parent or if carrying 'FASD Informed Card' with their 'safe persons' details.
7. People with FASD often struggle to understand another person’s intent. As such, law enforcement officers should slow down conversations and use straightforward language that can encourage comprehension.
What may appear to be blatant disobedience could be their disability, their brain damage; an example of the person’s inability to understand and follow directions.
Things that might help:
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When possible, call the person by name to get his or her attention.
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Speak in short slow sentences.
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Wait around 20 seconds for a response.
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If you need to repeat say the same sentence in the same way.
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A law enforcement officer may need to repeat something several times but you must wait at least 20 seconds for them to process the answer.
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If you need to repeat the question say it in exactly the same way otherwise the person with FASD will think you have asked another question and start processing 2 questions and so on, where they become stuck and unable to answer.
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Seek support of the Liaison & Diversion Officer
An individual with FASD is classified as vulnerable where Officers should follow the Police and Criminal Evidence Act 1984 (PACE) and its accompanying Codes of Practice, specifically Code C, to address the treatment of vulnerable individuals, including those with mental health conditions or learning disabilities, during police interactions. These guidelines ensure vulnerable individuals are treated fairly and receive necessary support during police investigations.
For FASD Criminal Justice System research studies please consider reviewing the University of Salford website:
1. An international study on FASD and the Criminal Justice System
Individuals with FASD possess unique strengths; however, research shows that individuals with FASD are over 19 times more likely to encounter the CJS than individuals who do not have FASD.
2. FASD and Fitness to Plead Study
Studying the ability of individuals with FASD to plead within the courts in England and Wales.
Newly published document: Police & Mental Health; how to get it right locally
"As the National Policing lead for Mental Health and Disability, I really welcome this guide which offers practical advice to officers and staff when interacting with people with mental health problems, and provides examples of some of the innovative police practice from around the country. The findings and recommendations contained in the report section 'At risk', yet dismissed highlight where police practice could be improved to better support and encourage victims with mental health problems to report crime; this guide is an excellent resource that can be used to support forces and partner agencies in developing their policies and practices to achieve this".
Chief Constable Simon Cole, National Policing Lead for Mental Health and Disability
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