Contact with the police is stressful for anyone. If you are autistic or have ADHD it can be overwhelming, and ordinary responses to stress (not making eye contact, going quiet, needing to move, speaking bluntly or loudly, taking questions literally) are easily misread by officers as evasiveness, intoxication or aggression. The law recognises this and gives you extra protections, but they only work if the police know.

Tell them, early and clearly

You do not need a diagnosis letter to be treated as vulnerable, but it helps. Say plainly: "I am autistic" or "I have ADHD" and, if it is true, "I find this situation very hard to process; please speak slowly and tell me what is happening." Repeat it to each new officer, and to the custody officer when you arrive at the station. Many people carry an autism alert card (the National Autistic Society and several police forces issue them) or set up a medical ID on their phone; show it.

If you are a parent, carer or friend present at a stop or arrest, tell the officers calmly and ask to stay with the person or to be contacted as soon as they reach the station.

What the police must do

PACE Code C defines a "vulnerable" person as anyone who, because of a mental health condition or disorder, may have difficulty understanding or communicating, or may be particularly prone to becoming confused, giving unreliable answers, or agreeing to suggestions without meaning to. Autism and ADHD both fall within this. If there is any reason to suspect you are vulnerable, the custody officer must treat you as vulnerable, and that means:

  • An appropriate adult must be called to support you, in addition to your right to a free solicitor. They can be a family member, carer, friend, or a trained volunteer, and they must be present for interview, for any strip search, and when you are told your rights.
  • You should not be interviewed without the appropriate adult except in genuine emergencies.
  • The custody officer should arrange for a healthcare professional to assess you if there is any concern about your health or welfare, and should consider reasonable adjustments to how you are held: a quieter cell, dimmed lighting, more frequent checks, allowing a comfort item or your own clothing where safe.
  • Officers should explain what is happening in plain language and give you time to process questions.
  • Any use of force must be necessary and proportionate. Officers are trained that distress can look like resistance; if you are being restrained, keep saying that you are autistic or have ADHD and that you are not resisting.

You also have rights under the Equality Act 2010: the police must make reasonable adjustments for a disability, and must not treat you less favourably because of it.

Interviews

Do not answer questions about the allegation until you have spoken to a solicitor and your appropriate adult is present. Ask for questions to be put one at a time, and say if you do not understand. Taking a question literally, or agreeing to end the stress, can create evidence that is simply wrong. A solicitor who knows you are autistic or have ADHD can ask for the interview to be conducted differently and can challenge misleading answers later.

The "friendly officer"

Officers may be warm and chatty, especially in a voluntary interview. That is not a trick in itself, but anything you say to any officer, in the car, in the cell corridor or in the interview room, can be evidence. The rule is simple: be polite, be honest about your condition and needs, and save the facts of the allegation for the interview with your solicitor.

Mental Health Act powers

If officers believe you are in mental health crisis in a public place they can use section 136 of the Mental Health Act 1983 to take you to a "place of safety", normally a hospital or a dedicated health-based unit, for up to 24 hours (extendable to 36) for assessment. A police station can only be used as a place of safety for an adult in exceptional circumstances, and never for someone under 18.

Afterwards

If you were not treated as vulnerable, were interviewed without an appropriate adult, or were restrained in a way that was not proportionate, you can complain to the force and the custody record is your evidence. Organisations such as the National Autistic Society and local advocacy services can help you do that.

This is general information for England and Wales, not legal advice. If you have been arrested or charged, speak to a solicitor: advice at the police station is free for everyone.