Dr. Alan Cusack, University of Limerick, Castletroy, Co. Limerick
Introduction and background
It is well-established that individuals with autism spectrum disorder (ASD) frequently interact with the police either as victims (Mayes, 2003) or suspects (Woodbury-Smith & Dein, 2014). Although no evidence has been found to show that “people with ASD are more likely to offend than the general population” (Rutten et al. 2017: 1), growing research suggests that this cohort are nevertheless over-represented in criminal justice systems (Michna and Trestman, 2016; Archer and Hurley, 2013). In Ireland, the prevalence rate of ASD in forensic populations is currently unknown. However, it has recently been suggested that “[p]revalence figures…reflect international trends” (Boran 2024).
This risk of over-representation raises questions concerning the accessibility of the forensic formalities that are adopted at all stages of the criminal process (Murphy et al, 2017). Of particular concern, in this regard, is the capacity of police officials to identify, and respond appropriately, to the needs of persons with ASD during the investigative interview. Indeed, studies suggest that a failure to adapt this forensic process to account for the needs of persons with ASD can materially bias the accuracy of any elicited testimony. Moreover, such a failure can have an irreparable impact on the trajectory of proceedings given that pre-trial statements often have a formative influence on trajectory of a criminal dispute (Cusack et al 2022). These concerns were raised expressly by the Inspector of Mental Health Services in Ireland in a landmark report in 2021:
An individual with ASD often interacts with correctional staff and other prisoners differently than do neurotypical individuals. For instance, persons with ASD are highly suggestible and quick to rationalise their behaviour. Their presentation may lack the expected sense of guilt or remorse one would typically expect. Persons with ASD struggle to read other people’s faces and easily become confused by others. Their tendency to avoid eye contact may be perceived as lack of interest or guilt. They may overcompensate with a fixed stare that may be perceived as aggressive. During an interview, persons with ASD may interpret what is being said to them literally and not understand hidden meanings, metaphor or sarcasm. These behaviours, if not recognised as such by staff or other prisoners, put individuals with ASD at risk for serious consequences (Finnerty and Gilheaney, 2021).
Patently, then, there are clear forensic reasons for ensuring that pre-trial practices are designed and performed in contemplation of the unique characteristics of individuals with ASD. But, there are also important legal reasons – at both a national (Bunreacht na hÉireann, Irish Human Rights and Equality Act 2014) and international level (UN Convention on the Rights of Persons with Disabilities ; European Convention on Human Rights) – for doing so.
And yet, despite not only these legal imperatives but also a series of long-heard calls for frontline disability awareness training within the Irish criminal justice system (Commission on the Status of Persons with Disabilities, 1996; Moloney and Gulati, 2019), no formal autism awareness programme has ever existed within An Garda Síochána. Although a 2017 small-scale, pilot training programme aimed at improving autism awareness amongst Irish police generally (as opposed to investigative interviewers specifically) reported positive outcomes, ultimately, the researchers’ recommendation that “similar training be rolled out regionally and nationally” was not realised (Murphy et al, 2017: 345).
What we did
Enter then, the Irish Mendez Centre for Investigative Interviewing which was established in October 2024 – with the support of COST Action CA22128 (ImpleMéndez) – as a collaborative enterprise between Dublin City University and the University of Limerick to promote the implementation of The Principles On Effective Interviewing For Investigations And Information Gathering (‘Mendez Principles’). Although the six principles outlined in this document are not legally binding, they are intended to offer a global and universal framework for effective interviewing in investigations and information gathering, promoting a shift from coercive interrogation to non-coercive interviewing techniques.
According to the third principle (‘On Vulnerability’): “[e]ffective interviewing requires identifying and addressing the needs of interviewees in situations of vulnerability” (2021: 28). Significantly, the document embraces a dualistic vision of vulnerability which recognises both the “situational” and innate (or “heightened”) dimensions that construct power relations in an interview suite (Cusack & Dehaghani, 2025). According to the Principles, “[i]nterviewers responsible for questioning interviewees in situations of heightened vulnerability should, if possible, have received specialist trainingor be assisted by an appropriate expert”.
In seeking then to realise this important policy obligation, the Irish Mendez Centre for Investigative Interviewing launched a project aimed at designing and evaluating a rigorous autism awareness training programme for investigative interviewers within An Garda Síochána. Importantly, the operational value of this training exercise (quite apart from the legal exigencies associated with it) was identified by Superintendent Brian Quirke, who as National Interview Advisor within An Garda Síochána, was fully supportive of the project. In consultation with Superintendent Quirke, the training programme was designed jointly by an international research team affiliated with COST Action CA22128 (ImpleMéndez), which included two expert psychologists (Prof. Coral Dando, Dr. Katie Maras) and two experts in law with particular expertise in vulnerable suspects and police procedures (Prof. Yvonne Daly, Dr. Alan Cusack).
The training was split into three parts and was delivered in an interactive format over 180 minutes including vignettes, case studies and video interviews of people with ASD in reference to law enforcement interactions. Thirty members of An Garda Síochána took part in the training at the campus of Dublin City University on 18 September 2024. All of the participants were recruited by Inspector Brian Quirke (National Interview Advisor, An Garda Síochána) and, in order to measure the effectiveness of the training seminar, the attendees were asked to complete online pre-and post-training questionnaires developed on Qualtrics. Survey responses were not asked for identifying information and participation in the surveys was entirely voluntary.
Conclusion
At the time of writing, the quantitative and qualitative data from the study is in the process of being analysed. Therefore, definitive findings cannot yet be announced. However, initial thematic findings – ascertained using a six-step thematic analysis (Braun & Clarke, 2006) – reveal an overall positive reception of the training, particularly in relation to practical utility and autism-informed interviewing. The analysis reinforces the importance of co-producing training with both academic and professional stakeholders to ensure both rigour and relevance. However, several areas for improvement were identified, including the integration of practitioner-relevant content, deeper engagement with broader neurodiversity, and increased interactivity. These are areas that will be targeted by the Irish Mendez Centre for Investigative Interviewing going forward.
Acknowledgements
Irish Research Council for funding.
COST Action CA22128 ImpleMendez for funding to attend the second Vulnerable Accused in the Criminal Justice System conference at Cardiff University, September 2025.
References
Archer, N. and Hurley, E.A., 2013. A justice system failing the autistic community. Journal of Intellectual Disabilities and Offending Behaviour, 4(1/2), pp.53-59.
Boran, L., Suspects with Autism Spectrum Disorder and the Pre-Trial Process (LLM (Research) Thesis, Dublin City University, July 2023)
Commission on the Status of People with Disabilities, A Strategy for Equality: Report of the Commission on the Status of People with Disabilities (Stationery Office 1996).
Cusack, A. and Dehaghani, R., (2024) Navigating the right to a fair trial for vulnerable suspects pretrial: a legal and psychological critique of the Strasbourg jurisprudence. Human Rights Law Review, 25(2), p.ngaf010.
Cusack, A., Kilcommins, S., Gulati, G., Dunne, C., (2022) Policing Vulnerability: A Critical Inquiry into the Pre-Trial Treatment of Suspects with Intellectual Disabilities in Ireland Policing: An International Journal, 45(2), 421-433.
Finnerty, S. and Gilheaney, P., (2021) Access to mental health services for people in the criminal justice system (Dublin: Mental Health Commission)
Mayes, T.A., 2003. Persons with autism and criminal justice: Core concepts and leading cases. Journal of Positive Behavior Interventions, 5(2), pp.92-100.
Michna, I. and Trestman, R., 2016. Correctional management and treatment of autism spectrum disorder. Journal of the American Academy of Psychiatry and the Law Online, 44(2), pp.253-258.
Moloney, N. and Gulati, G., 2022. Autism spectrum disorder and Irish prisoners. Irish Journal of Psychological Medicine, 39(3), pp.321-323.
Murphy, V., Kelleher, M.J. and Gulati, G., 2017. Autism awareness training for an Garda Siochana (letter to the editor). Irish Journal of Psychological Medicine, 35(4), pp.345-346.
Rutten, A.X., Vermeiren, R.R.J.M. and Van Nieuwenhuizen, C., 2017. Autism in adult and juvenile delinquents: A literature review. Child and adolescent psychiatry and mental health, 11(1), p.45.
Woodbury-Smith, M. and Dein, K., 2014. Autism spectrum disorder (ASD) and unlawful behaviour: where do we go from here?. Journal of autism and developmental disorders, 44(11), pp.2734-2741.
Defending Vulnerability 