§ Mr. WigginTo ask the Secretary of State for the Home Department what provisions are in place to increase awareness in the criminal justice system of the behaviour patterns of people who have communication-related disabilities, including autism and Asperger's Syndrome, in relation to policy on bringing charges for communication-related offences, with particular reference to(a) section 5 of the Public Order Act 1986 and (b) the offence of being drunk and disorderly. [186921]
§ Ms BlearsAs regards the police, national training highlights the importance of communicating effectively and sensitively with people suffering from a mental disability (including autism).
The aim is to ensure that officers develop awareness and an understanding of mental disorders and the importance of not making assumptions based on a person's behaviour.
In West Mercia, I understand that training has been provided to key staff on Autism and Asperger's Syndrome Disorders (ASD), by Autism West Midlands. This covers strategies for working effectively with people suffering from ASD, paying particular attention to the implications for policing.
1263WThe Codes of Practice under the Police and Criminal Evidence Act 1984 (PACE) provide guidance for custody officers on dealings with mentally vulnerable detainees and, other than in exceptional circumstances, an appropriate adult (someone experienced in dealing with mentally disordered or mentally vulnerable people) must be called whenever there is any doubt about a detainee's mental capacity
If there is any concern that a person may be suffering from an underlying physical or mental illness, the police should act urgently in calling an appropriate health care professional for advice.
As for decisions whether or not to bring charges, I understand that the Code for Crown Prosecutors specifically lists the desirability of diverting a defendant who is suffering from significant mental or physical ill health among the relevant considerations. However, this has to be balanced against the need to safeguard the general public. Each case has to be reviewed on its own facts by the Prosecutor applying the general principles laid down in the Code.
In relation to offences under Section 5 of the Public Order Act 1986, Home Office Circular 17/2004 provides guidance to Chief Officers to inform local protocols between the police and health services on dealings with people who may have mental health problems, including learning disabilities.