Patrick is a 28-year-old male who has been arrested following a fire. He is diagnosed as having autistic spectrum disorder (ASD), moderate learning disability and possible mental health issues. Patrick is socially withdrawn and prone to temper outbursts when challenged. He has been uncommunicative over the last 4 weeks, although he shouts profanities.
-
1. What advice would you give to the police at interview and why?
Show Answer
Correct answer:
The Crown Prosecution Service takes fire setting very seriously, and the following aggravating and mitigating factors need to be taken into consideration: (a) intentional/reckless, (b) motivation – revenge or political, (c) pre-planned, (d) use of accelerants/firebombs, (e) any injury caused, (f) extent of damage and risk of fire spreading and (g) dwelling attacked or public building/school attacked.
The recommendation would be that the police contact any health/social services professionals that have been involved with him in recent months and also request a Mental Health Act assessment to assess fitness for questioning.
- Inform the police it is important that he is represented by someone who knows him well, for example an approved social worker or someone who can act as an advocate.
- Assess his mental capacity.
- Explain to the police that due to his autistic spectrum, the arrested man is vulnerable, and may be fearful, and unable to cope with the sensory difficulties of being arrested, that is restricted movements, noise and so on, which may account for his temper outbursts and shouting profanities.
- He may not understand the situation he is in, therefore the police need to show understanding, be mindful of his fears and communicate using simple language. It would be preferable if he could be interviewed by a police person who has some knowledge, and understanding of her condition.
- Advise the police that his understanding may be poor due to ASD, he may not realise what he is being charged with and may not be aware of the consequences or that the fire is wrong.
-
2. What other factors should you investigate regarding Patrick?
Show Answer
Correct answer:
- Find out what has happened over the past 4 weeks to cause a change in his behaviour, that is non-communicative, speak to someone who knows him well.
- Find out if he has been assessed for other mental health conditions or being treated for other mental health issues.
- Find out if he is taking prescribed medication and is compliant with any treatment.
- Find out if he was involved in the fire, and whether others were involved.
