Social care plan mandated by court

[TurbostarFan]

This is an extract from a parliamentary debate on the Criminal Justice System and how adults on the Autistic spectrum are dealt with when they come into contact with it. It appears to reveal a worrying abuse of power on the part of Norwich Crown Court.

Recent cases featured in the press, such as that of a young man called Marcus Potter, show that the use of the prison system can exacerbate the condition of those with autism, rather than act in the public interest. The system can cause deep distress and problems. In this case, a young man with an autism diagnosis from the age of three got into trouble for his compulsive filming of the local police. The judge decided to release him from prison, opting for a care plan and probation instead. The judge concluded:



“The worst place for you is where you are”.

Source: https://hansard.parliament.uk/commo...2391E60/CriminalJusticeSystemAdultsWithAutism

What happened is that on my release from prison on 24.01.2018 a number of bail conditions were imposed by Norwich Crown Court including: a residence requirement (fair enough), a requirement to cooperate with the National Probation Service in drawing up a pre-sentence report. In addition to that I believe that the court made it clear that I was under a requirement (although not part of the bail conditions themselves) to cooperate with the local authority in drawing up a care plan and to comply with this. To add insult to injury the local authority initially refused to cooperate but my barrister and the Judge made it clear that I would not be returned to prison for failing to do something that I was not responsible for doing.

Personally I fail to see the logic in mandating that I have to cooperate with the care plan on the pain of imprisonment should I refuse to do so. To add insult to injury there is no way on earth that this would have happened with a neurotypical person and it was in flagrant violation of Article 5 ECHR (European Convention of Human Rights). What are your thoughts?

I personally think that the average Police officer, politician or Judge thinks that they know everything when in fact they know very little about this kind of speciality. This is a massive part of why we have a prison overcrowding crisis and also a massive reason for not supporting a Conservative government, especially under PM Theresa May.

 

[DarloRich]

I hesitate to respond to this post but feel that more clarification and information is needed. Which part of the debate backs up your assertions? Why do you assert that no "neurotypical person" would have conditions of this sort imposed on them? Why was your case special that you needed such conditions? Do you have wide experience of the criminal justice system upon which to base your assertions?

 

[TurbostarFan]

I hesitate to respond to this post but feel that more clarification and information is needed. Which part of the debate backs up your assertions? Why do you assert that no "neurotypical person" would have conditions of this sort imposed on them? Why was your case special that you needed such conditions? Do you have wide experience of the criminal justice system upon which to base your assertions?

1) The first part in which Kevin Brennan (Cardiff West) (Lab) speaks, scroll down to the third paragraph from the bottom.
2) Because I've spoken to a number of other prisoners who I met at HMP Norwich, not one of whom had bail / licence / release conditions which were anything like that particular one.
3) You are raising a good question, unfortunately I cannot comment on something which I am unsure about. I think I will ask my solicitor that question. I believe that it may have been my Autism but cannot be sure.
4) Yes I do, I've been arrested and charged with a number of offences.

 

[DarloRich]

thanks - i will have a longer read of the debate.

 

[ComUtoR]

thanks - i will have a longer read of the debate.

A good number of debates were held when Gary McKinnon ( https://en.wikipedia.org/wiki/Gary_McKinnon ) was arrested for hacking. It may be worth using that as a starting point.

Mental health has always been a hot topic and there is plenty of evidence to support how misunderstood it is and how poorly people with mental health issues are treated in the justice system. This is not just an issue with the law, it is a huge social issue and if you go back in history (Black people being locked up for schizophrenia) you can see how society treats it's "criminals" I would also advise you to look into the Mental Health act and whilst I do agree with the act in principle I feel that there is a debate to be had about how it is used. There was a recent case where a woman who has serious mental health issues was given a hysterectomy without her knowledge or consent. ( I can't remember the case) Sean Rigg ( https://en.wikipedia.org/wiki/Death_of_Sean_Rigg ) is a well know case where mistreatment in custody and the Police not recognizing the signs of mental illness had serious repercussions.

Autism is a spectrum disorder so there is a wide range of conditions with varying degrees of severity. It's also a social disorder where the traits that determine that you are "Autistic". Social conformity is another angle to look at Autism and the Law.

Autistic people are weird. They stand out in a crowd because they do not match what "normal" people consider to be "normal" behavior. I love my Son but it can be hard sometimes because I have to force myself to remember that what I consider to be normal is different to what he considers to be normal. He often doesn't understand where he has done something "wrong" and he often can't get his point across because he has trouble communicating it. He struggles at school because of it and gets in trouble and when we discuss it he just doesn't see what the issue was. His logic to justify his actions is hard to argue against because he is "right" more often than not. But, and a big but, because his actions do not fit in with the schools rules etc he gets inclusion. Imagine that happening at school and then multiply it into a society with more social rules and laws.

Autistic people generally do not commit crimes ( https://www.autism.org.uk/professionals/others/criminal-justice.aspx ) This is a good example and outlines some key points. You can understand why there is conflict and misunderstanding. Autistic people tend to follow rules obsessively and are more likely to act out when someone else isn't. The problem with that obsession is that it comes at the exclusion of all else. In the case of Gary McKinnon. He clearly broke the law and did do something wrong but in his mind he didn't. That juxtaposition is incongruous to society and leads to problems.

Ultimately, if society doesn't like what you do and how you behave, you will get locked up and have your freedom curtailed in other ways. It's been happening for hundreds of years.