Supporting Professionals in Identifying and Addressing the Needs of Accused Neurodivergent Individuals in the Criminal Justice System

Hanna Lahtinen (University of Eastern Finland), Sanna Kara, Katri Friman, Minna Tuusa (Autism Foundation, Finland).

Introduction
This blog provides an overview of a practical project conducted in Finland between 2018 – 2020 that developed and evaluated the efficacy of support mechanisms to help professionals across the criminal process identify and address the needs of neurodivergent individuals accused or convicted of a crime. The Autism Foundation Finland led this three-year initiative supported by a broad coalition of stakeholders, including several Finnish Police Districts, the Police University College, the Prison and Probation Service of Finland, Health Care Services for Prisoners, and multiple prisons.

Background

International research (see e.g. Allely, McKinnel & Chisnall, 2023; Clasby et al., 2022; Henaghan & Choi, 2025) indicates that neurodiversity is often overlooked in investigative interviews and court proceedings, potentially compromising the legal protection of affected individuals and increasing the risk of miscarriages of justice. The term neurodiversity refers to the natural neurological variation within the human population (Miranda‑Ojeda, et al., 2025). In this blog, neurodivergent individuals refers to people with ADHD (Attention Deficit Hyperactivity Disorder) and autism as the project presented here focused on them. Similar risks apply to other vulnerable groups. However, in Finland, there are no official guidelines or training programs for professionals on how to identify and address the needs of vulnerable accused during criminal proceedings. Consequently, professionals within the Finnish criminal justice system probably have limited awareness of the needs of neurodivergent accused persons and lack tools to assist them effectively. Research on this remains missing.

In contrast, some legal safeguards for complainants—such as mandatory assessments of special protection needs and their documentation by the police—are already in place. However, these safeguards only include concrete measures to protect the complainant (e.g. ensuring that they do to not have to face the defendant in court and that court hearings can be conducted without audience being present). The assessment of special protection does not consider any specific needs the complainant may have regarding how questions should be phrased or the support they might require if they experience difficulties in responding. Furthermore, the Manual for Assessing the Protection Needs of Victims of Crime (Simanainen, 2016) provides no practical guidance on identifying neurodivergence or other vulnerabilities.

Project interventions/initiatives and current evaluation findings
The project team developed support mechanisms for those working with accused people at each stage of the criminal process: apprehension (arrest) and pre-trial process as well as for neurodivergent individuals themselves who are serving their sentence or at the stage of release transition.

Apprehension and Pre-trial support
A key resource produced was the guide titled Neurodivergent Individuals in the Criminal Justice System, aimed at police, lawyers, judges, and prosecutors. To offer more concrete support, a video was created in collaboration with experts by experience. It briefly explains how to recognize neurodiversity and adapt communication strategies for individuals with ADHD or autism. The experts also shared their perspectives on how they wish to be treated and what facilitates effective communication during investigative interviews.

The guide, video, and a one-page summary of key points were distributed to all police districts in Finland, the Finnish Bar Association, the University of Eastern Finland, and the Police University College. Training sessions began right from the beginning of the project in 2018 reaching 330 professionals during the project. Feedback was collected from the participants via surveys after each training session.

Although the project concluded in 2020, all materials remain accessible via the project’s website (https://www.autismisaatio.fi/ajankohtaista/oikeusturva-ja-kuntoutus-kuntoon-2020.html). However, it is not known how much these are still in use. A peer-reviewed article titled Legal Protection for Vulnerable Interviewees in Criminal Investigations – with a Special Focus on Autism and ADHD (Kara et al., 2021) was also published, targeting legal professionals.

Survey feedback from the training sessions showed that most of the professionals found the training useful and recognised need for more training.

Support at serving the sentence stage
A rehabilitation program was also piloted in seven prisons in Southern Finland with 112 participating the program starting in 2018 and continuing until the end of the project in 2020. The rehabilitation program was based on cognitive-behavioural therapy. To assess the effectiveness of the program, feedback was collected systematically through surveys from prisoners in the pilot rehabilitation program. Also, a tool for identifying the needs of neurodivergent individuals in prisons was developed when the project started and survey feedback was collected from 160 professionals involved in the development of the identification tool. The training delivered during the project in 2018-2020 reached 1460 professionals working in the Prison and Probation Services or in Health Care Services for Prisoners. The training was evaluated via survey feedback from the participants.

According to the survey feedback from the professionals increased awareness during the project enabled prison staff to better identify prisoners’ needs and understand behavioural factors. Rehabilitation activities introduced a new approach, with extensive feedback highlighting their necessity and effectiveness. Furthermore, benefits included increased engagement in rehabilitation, greater responsibility in sentence planning and substance abuse treatment, and improved self-awareness and behavioural regulation.

Client participation in the rehabilitation program nearly doubled initial projections, with referrals continuing actively until early 2020, when the COVID-19 pandemic began. Responses to the feedback surveys for participants and their oral feedback highlighted many positive outcomes; they felt heard, found the program relevant, and appreciated that the rehabilitation was conducted by an external professional. The program has since been further developed in a follow-up project called Revion led by the Autism Foundation.

The identification tool (a screening protocol for professional use) was introduced in prisons and incorporated into the national prisoner health survey, targeting 500 prisoners. A doctoral researcher is currently evaluating the tool’s functionality. Additionally, the Criminal Sanctions Agency is exploring its integration into their customer information system and assessment materials.

Release Transition support
A further support program for the release phase of neurodivergent individuals was also developed and piloted as part of the project. Twenty-one individuals participated in the pilot support program for the release phase, and 36 professionals contributed to its development, meeting project targets. The project activities were mainly focused on Southern Finland, but training events were also organized in other parts of Finland.

Release from a closed institutional setting presents unique challenges for individuals with deficits in executive functioning, emotional regulation, impulse control, and social skills. The project feedback from the prisoners and staff concerning the support program revealed shortcomings in the service system[SF1] [HL2] : existing social and substance abuse services often lack the expertise to address neurodivergent individuals’ specific needs.

Conclusions and Implications
Project outcomes and feedback highlight the urgent need for improved identification of neurodivergent individuals within the criminal justice system and tailored rehabilitation during incarceration. The project results demonstrated that effective inter-agency collaboration can yield valuable resources and training, fostering neurodiversity-informed practices. However, sustaining training and knowledge dissemination post-project remains a challenge. Post-project funding for the rehabilitation program is also needed, and current budget cuts to the Probation Services pose a significant challenge to securing such funding. While a follow-up project has continued rehabilitation efforts, a broader initiative is now required to establish national guidelines for supporting vulnerable individuals in criminal proceedings and ensuring ongoing professional development.

This blog text is based on upon work from COST Action CA22128 (ImpleMéndez), supported by European Cooperation in Science and Technology (COST).

References

Allely, C., McKinnel, S. & Chisnall, A. (2023) ‘Autism and miscarriage of justice: The case of Alan Hall’ Autism Policy & Practice, 6(1), pp. 45–58. doi: https://doi.org/10.1080/13218719.2023.2260846

Clasby, B., Mirfin-Veitch, B., Blackett, R., Kedge, S. & Whitehead, E. (2022) ‘Responding to neurodiversity in the criminal justice system: A brief evaluation of environmental accommodations to increase procedural fairness’ Criminal behaviour and mental health, 32, pp. 197–211 doi: https://doi.org/10.1002/cbm.2239

Henaghan, M. & Choi, A. (2025) ‘ Promising Steps in Aotearoa New Zealand Criminal Law to Recognise Neurodiversity’ In: Wishart, H. & Arthur, R., (eds.) International Perspectives of Neuroscience in the Youth Justice Courtroom. Routledge, pp. 55–71. doi: https://doi.org/10.4324/9781003438144

Kara, s., Lahtinen, H., Mikkola, K., Tolvanen, M. & Tuusa, M. (2021) ’ Haavoittuvassa asemassa olevan kuulusteltavan oikeusturva rikoksen esitutkinnassa – erityisen huomion kohteena autismi ja ADHD’ (Legal Protection for Vulnerable Interviewees in Criminal Investigations – with a Special Focus on Autism and ADHD) Defensor legis, 4/2021, pp. 851870. Available at: https://www.edilex.fi/defensor_legis/250670007 (Accessed 10 December 2025)

Miranda‑Ojeda, R., Wickramasinghe, A., Ntolkeras, G. & Castanho, I. & Yassin, W. (2025) ‘The Neurodiversity Framework in Medicine: On the Spectrum’. Developmental Neurobiology, 85: e22960. doi: https://doi.org/10.1002/dneu.22960

Simanainen, A. (2016). ’Rikoksen uhrin suojelutarpeen arviointimenettelyn käsikirja’ (Manual for the procedure for assessing the protection needs of victims of crime). Ministry of Interior publications, 14/2016. Available at: https://julkaisut.valtioneuvosto.fi/items/5f89be01-2fdd-4a2d-bdcc-8f27d5684554 (Accessed 10 December 2025).


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