People with FASD can face profound challenges within the criminal justice system, whether as an accused individual, witness, or victim.

This means that FASD should be considered at every stage of the criminal process to guard against inadvertent waiver of rights, false confession, and the vulnerability of people with FASD to bullying, abuse, and coercion by others. Appropriate representation at trial will mean paying special attention to the accused’s possible inability to understand the consequences of his or her actions, explain those actions, assist in his or her defence, or understand the concept of plea bargaining.

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The following information will help in understanding these challenges and working effectively with people who have FASD.