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If an autistic person is being interviewed under caution by police in England or Wales, tell the officer arranging the interview that the person may have difficulty understanding questions, processing information or communicating under pressure. Ask the police to assess vulnerability under PACE Code C and arrange an appropriate adult before questioning starts. Request a solicitor separately.

You can say: “I am autistic and may have difficulty understanding questions, processing information, or communicating under interview conditions. Please assess my need for an appropriate adult under PACE Code C and arrange for one to attend before the interview. I would like legal advice from a solicitor as well. Please confirm the arrangements and note my communication needs.”

What “appropriate adult” means in this situation

“Advocate” is common everyday language, but the formal term used by the police safeguards in England and Wales is usually appropriate adult. The role applies to a child or a vulnerable adult who is detained or attending a voluntary interview under caution. It is not the same as a solicitor, intermediary, carer or general legal representative.

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An appropriate adult helps safeguard the person’s rights, entitlements and welfare. They support and assist the interviewee, help communication between the person and officers, and observe whether the police are acting properly and fairly. During an interview they are more than a silent companion: they can intervene when clarification is needed and should help the person understand what is happening. They do not provide legal advice or run the defence; that is the solicitor’s role.

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PACE Code C applies to police custody and relevant interviews in England and Wales. It requires officers to consider vulnerability individually. An autism diagnosis is important information, but it does not by itself automatically decide whether the Code’s vulnerability test is met. The practical question is how this person’s condition may affect understanding the implications of the interview, exercising legal rights, communicating, or participating reliably.

Who should ask, and when?

The autistic person, a parent, relative, carer, friend or other supporter can raise the request. The request should be made as soon as an interview is proposed, ideally before the person attends the station. Contact the officer arranging the interview or the custody officer and ask for the request and communication needs to be recorded.

If the person is already at a police station, repeat the request to the custody officer and the investigating officer before substantive questions begin. Ask for a solicitor at the same time. Do not assume that a request made by a family member will be passed on accurately; ask the officer to confirm what has been recorded and who will arrange attendance.

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Step-by-step: requesting an appropriate adult

1. State the relevant information

Explain that the person is autistic if they want that diagnosis disclosed, then describe the effects that matter to the interview. Useful examples include literal interpretation of language, difficulty with broad or ambiguous questions, delayed processing, problems recalling events in sequence, sensory sensitivity, communication shutdown under pressure, or difficulty recognising when a question has been misunderstood.

Specific functional information is more useful than simply naming a diagnosis. The Code allows officers to consider information from the person, relatives or friends, police records, and health or social-care professionals.

2. Make the formal request

Ask the police to assess whether the person is vulnerable under PACE Code C and to arrange an appropriate adult before the interview. Ask the officer to confirm the decision, the proposed adult and the expected arrival time. Where possible, make the request by email or text as well as by telephone so there is a dated record.

3. Ask for a solicitor separately

Say clearly that the person wants legal advice and wants to speak privately with a solicitor before answering questions. An appropriate adult cannot replace legal advice. The right to legal advice applies to a voluntary interview as well as to detention, subject to the ordinary legal procedures governing the case.

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4. Identify a preferred supporter

The person can nominate a suitable relative, guardian, carer or another experienced adult. Tell the police why that person understands the interviewee’s communication needs. The choice remains subject to suitability and availability under Code C.

5. Request practical adjustments

List the adjustments that would make participation possible. Ask for clear, direct questions; adequate time to process each question; breaks when needed; and a quieter environment with fewer sensory distractions. The National Autistic Society gives examples such as using a familiar environment where practicable, removing a ticking clock, allowing stimming and permitting a calming object. These are requests to discuss with police, not guarantees that every adjustment will be accepted.

6. Confirm the arrangements

Before the appointment, ask:

  • Has the vulnerability assessment been completed?
  • Who is arranging the appropriate adult?
  • Will the nominated supporter attend, or will an independent adult come through a local scheme?
  • When will the appropriate adult and solicitor be available?
  • Which communication and sensory adjustments have been noted?

If the answers are unclear, ask to speak to the custody officer or the officer in charge rather than relying on an informal assurance.

Suggested wording for the request

This wording is practical guidance, not a prescribed police form:

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“I am autistic and may have difficulty understanding questions, processing information, or communicating under interview conditions. Please assess my need for an appropriate adult under PACE Code C and arrange for one to attend before the interview. I would like legal advice from a solicitor as well. Please confirm the arrangements and note my communication needs.”

If you are speaking for someone else, adapt it as follows:

“I’m supporting this person. They are autistic and need support to understand and communicate during questioning. Please assess whether they are vulnerable under PACE Code C, arrange an appropriate adult before the interview, and confirm that a solicitor will be available.”

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Add concrete examples, such as “They need extra processing time and may agree to a question they have not understood,” or “They become unable to speak in a noisy, pressured setting.” Avoid making claims about incapacity that are not accurate for the individual.

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Choosing between a personal supporter and an independent appropriate adult

A trusted person may be the best option when they know the autistic person’s communication style and can stay calm without answering on the person’s behalf. An independent adult may be preferable when independence is important, no trusted person is available, or a personal supporter has a conflict.

Consideration Trusted relative, carer or other supporter Independent appropriate adult through a local scheme
Knowledge of communication needs Often knows triggers, processing time and effective explanations. May need a clear briefing before the interview.
Independence Must still be suitable and able to support without obstructing proper questioning. Designed to provide an independent safeguard.
Availability Depends on the person’s schedule and ability to attend promptly. Police request an adult through the local scheme when no suitable personal supporter can attend.
Conflicts of interest Cannot act if suspected of involvement, is a victim or witness, is involved in the investigation, or has received admissions beforehand. Should be screened for those conflicts by the scheme and police.
Role during questioning Must support communication and rights, not coach answers or take over. Has the same safeguarding responsibilities under Code C.

A person who is suspected of involvement in the offence, is the victim or a witness, is involved in the investigation, or has received admissions beforehand should not act as the appropriate adult. If the nominated person is unsuitable or cannot arrive in time, ask the police to arrange an independent adult through the local appropriate-adult scheme.

Why the solicitor is a separate request

The appropriate adult and solicitor protect different interests. The appropriate adult helps the person understand what is happening, facilitates communication and monitors fairness. The solicitor gives legal advice, explains the consequences of answering or declining questions, advises on disclosure of evidence and can intervene on legal issues.

Ask for both before the interview. The autistic person should be able to speak privately with the solicitor. A supporter should not interpret the person’s answers for the solicitor unless the person wants that help and the solicitor considers it appropriate. If the interview is voluntary, the right to legal advice still applies, and attending voluntarily does not remove the ability to leave unless the person is arrested.

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Does police have to provide an appropriate adult for a voluntary interview?

Official Home Office guidance says an appropriate adult is needed for a vulnerable person attending a voluntary interview under caution, as well as for a vulnerable person in police detention, subject to the limited exceptions in Code C. The fact that the person was invited rather than arrested does not remove the need to consider vulnerability.

A voluntary attendee should tell the officer about autism and request the assessment before attending. Ask whether the interview is under caution and whether the person is free to leave. If the person arrives and support has not been arranged, repeat the request and ask that questioning wait until the appropriate adult and solicitor are available.

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What happens if officers want to start without support?

Restate the request calmly and ask to speak to the custody officer or investigating officer. Say that the person is autistic, explain the specific difficulty and ask for an appropriate-adult assessment under Code C. Request a solicitor before answering questions.

Do not advise the person to answer first and challenge the process later. Code C says a vulnerable person should not ordinarily be interviewed about suspected involvement in an offence, or asked to provide or sign a statement under caution, without an appropriate adult. The Code contains limited exceptions, including urgent interview provisions, so the ordinary rule should be stated with that qualification.

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Ask the officer to record that an appropriate adult and solicitor were requested, when the request was made, and what decision was taken. Keep copies of messages and note names, times and the reasons given. A solicitor can advise on challenging an interview conducted without the required safeguards.

Adjustments that can make an interview accessible

Autism affects people differently, so propose adjustments tied to the individual rather than a generic checklist. Useful requests may include:

  • Questions in clear, concrete language without idioms, sarcasm or unnecessary double negatives.
  • One question at a time, with silence allowed for processing before the person is expected to respond.
  • Permission to ask for a question to be repeated or rephrased.
  • Regular breaks, especially where the interview is lengthy or distress is increasing.
  • A quieter room, reduced visual clutter and fewer people present where operationally possible.
  • Permission to stim or use a familiar calming object, provided it does not create a safety problem.
  • A familiar setting where practicable; the National Autistic Society also identifies removing a ticking clock as a possible adjustment.
  • Written confirmation of the interview time, location and what will happen on arrival.

Explain that eye contact, a flat tone, delayed answers or repetitive movement should not automatically be treated as signs of dishonesty or lack of cooperation. Ask the appropriate adult and solicitor to help identify when the person has not understood a question.

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What the appropriate adult does during the interview

The appropriate adult should help the person understand their rights and what is happening, facilitate communication, and observe whether the police are acting properly and fairly. They may ask for clarification, request a pause when the person is overwhelmed or confused, and alert the solicitor to a concern.

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They should not supply answers, coach the person to adopt a particular account, argue every question, or obstruct lawful questioning. The person remains responsible for deciding, with legal advice, how to respond. If the supporter believes the person is no longer able to participate meaningfully, they should raise that concern immediately with the solicitor and officers.

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Vulnerability is individual, not automatic

PACE Code C requires a case-by-case assessment. The strongest request explains the practical consequences of the person’s autism: difficulty understanding the implications of a caution, tendency to take wording literally, delayed processing, susceptibility to acquiescing under pressure, or inability to communicate reliably in a noisy environment.

Bring relevant information if available, such as a communication profile, support plan or statement from a professional who knows the person. The police may also consider information from relatives, friends, their own records, or health and social-care professionals. Do not exaggerate symptoms or present a diagnosis as a substitute for describing the person’s actual needs.

Limits of the guidance

Suspects, not every police contact

The Code C framework described here concerns suspects interviewed under caution, whether detained or attending voluntarily. Witnesses and victims may have different support routes. The National Autistic Society distinguishes appropriate adults from intermediaries, and an intermediary may be considered under a different legal test and procedure.

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England and Wales only

This guidance is for England and Wales. Scotland and Northern Ireland use different legal frameworks and terminology. Do not rely on PACE Code C when dealing with a police interview in either of those jurisdictions; obtain jurisdiction-specific advice.

Limited exceptions

The ordinary safeguard is not absolute in every circumstance. Code C contains limited exceptions, including provisions for urgent interviews. A solicitor should assess whether an exception was properly used in the individual case.

After the interview

Ask the solicitor or appropriate adult to explain what documents were signed, what further steps are expected and whether another interview may be requested. Write down any adjustment that was refused, any period when support was absent, and any point at which the person appeared not to understand. Preserve emails, text messages and appointment details.

If the person was interviewed without an appropriate adult despite being vulnerable, tell the solicitor promptly. The legal consequences depend on the facts, the reason given by police and the applicable Code provisions; there is no single automatic outcome.

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Practical checklist

  • Contact the arranging officer or custody officer before questioning.
  • Explain autism-related communication, processing and sensory needs.
  • Request an individual vulnerability assessment under PACE Code C.
  • Request an appropriate adult before the interview starts.
  • Nominate a suitable supporter, or ask police to use the local independent scheme.
  • Request a solicitor separately and ask to speak privately.
  • Agree practical adjustments and ask for them to be recorded.
  • Confirm who will attend and when.
  • If support is missing, restate the request and ask for the custody officer.
  • Keep a written record of requests, responses, names and times.

Source and currency note

The governing source is the Home Office’s PACE Code C 2019, including paragraphs 1.4, 1.7, 1.7A, 3.21, 11.15 and 11.17. Home Office operational guidance explains appropriate adults in voluntary interviews and local schemes. The National Autistic Society provides specialist information on autistic people in police interviews and possible adjustments. Check the current published Code and local scheme arrangements before relying on this guidance, because legal requirements and local procedures can change.

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