Autism and attending court as a witness

lunabella
lunabella Online Community Member Posts: 15 Connected
in Everyday life

Hi,

I have autism and learning disabilities, I have a court case coming up soon taking back my anti social behaviour neighbour to court for breaching an undertaking order by the court and also soon an civil injunction will be applied for. I am very nervous about attending the court setting and the whole process the local authority said they will apply for special measures but it’s down to the judge to grant it. Has anyone been through anything like this? What helped them? Any advice please?
Thank you

Comments

  • Littlefatfriend
    Littlefatfriend Online Community Member Posts: 396 Pioneering

    I don't have autism lunabella, but some of my friends have.

    I encourage you to ask people here:

    https://www.autism.org.uk/

    Here:

    https://www.ambitiousaboutautism.org.uk/

    And/or here:

    https://www.autismcentral.org.uk/

    Good luck

    😇

  • chiarieds
    chiarieds Online Community Member Posts: 17,326 Championing

    I don't know if this in the least relevant @lunabella - but when some time ago we had some serious problems due to a neighbour's antisocial behaviour; she'd first targeted me, then another neighbour, then one of my neighbours who is on the autistic spectrum, it took ages to get the police involved on our side.

    Altho we all expected to have to go to court, the police said they'd rather prosecute her. This was mainly down to my autistic neighbour providing proof from his next neighbour door's video cam about one of her misdemeanors.

    Have the police been helpful? Mine were great & even did a follow up call to check if I was OK following the several incidents that had directly involved myself. So, could you perhaps also ask the police for their support if this is appropriate?

  • 66Mustang
    66Mustang Online Community Member Posts: 15,359 Championing

    Is this a civil court or crown court? I agree with @chiarieds that if you can get the police to prosecute it makes things a lot easier. They'll assign an officer called an "officer in the case" (OIC) and essentially it's their job to make sure the prosecution is successful, which naturally means making sure evidence gets presented. So the OIC has a vested interest in making things easy for you.

    I'll tag @MW123 as I think they know lots about law and might want to add some things 😊

  • MW123
    MW123 Scope Member Posts: 1,861 Championing
    edited January 14

    @lunabella

    What you are dealing with is genuinely stressful, and it makes complete sense that you are feeling nervous. Anyone would feel the same in your position, and you are doing really well by preparing ahead of time.

    Because this is a civil injunction, the council is bringing the case in the county court, which is usually quieter and more relaxed than a magistrates court. In most county court hearings, both sides are in the same room, but the setup is much less formal than people imagine. You will usually sit at a table, and the judge keeps everything calm and respectful.

    The council can also ask for special measures, and judges are usually very understanding when someone has autism or a learning disability. Common adjustments include a separate waiting room, arriving or leaving at different times, sometimes giving evidence by video link from another room, extra breaks, and having questions asked slowly and clearly. These adjustments are normal and often granted.

    A few general things can help on the day. If you have already given a witness statement and been asked to attend, it usually means the court may want you to confirm your evidence. Before the hearing, it can help to read over your statement so you feel familiar with what you said.

    During the hearing, always direct your answers to the judge, not the person asking the questions. If a question can be answered with a simple “yes” or “no”, that is all you need to say. If you do not know the answer, or you do not understand the question, it is completely fine to say so. You can also ask for a question to be repeated if you do not understand it. You do not need to guess or add extra detail. Just stick to what you know and what you experienced.

    It can also help to write down a few key points you want to remember, and you can ask for a break at any time if things feel overwhelming. You are preparing really well, and it is completely normal to feel anxious. You are not facing this on your own. The council’s team will support you through it.

    I am really sorry you are facing these problems with your neighbour, and if a civil injunction is granted on the day, it will become a police matter if your neighbour breaches it. Hopefully they will realise they need to change their behaviour. Take care xx

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