Fetal Alcohol Spectrum Disorder (FASD) is a diagnostic term used to describe impacts on the brain and body of individuals prenatally exposed to alcohol. FASD is a lifelong disability and it's estimated that between 3-5% of babies born in Aotearoa annually will have FASD.

Individuals with FASD will experience some degree of challenges in their daily living, and need support with motor skills, physical health, learning, memory, attention, communication, emotional regulation, and social skills to reach their full potential. We expect people with FASD to be able to contribute well to their communities over the course of their lifetimes when they have the right support.

People with FASD most often present as neurotypical: the majority can appear capable, informed, competent and talkative upon initial encounter, which is why it's referred to as the hidden disability. However, when asked more in-depth or abstract questions, it becomes obvious that their understanding may be incomplete or minimal. 

Having FASD can make a person 19 times more likely to connect with the criminal justice system.

This is NOT because having FASD gives an individual a criminal disposition. It's usually the culmination of a chain of events which begins with lack of a diagnosis and understanding; adverse childhood events (ACEs) and trauma; school exclusion making it hard to get a job; becoming homeless; self-medicating for understandable reasons and falling in with the wrong crowd. People with FASD are also very vulnerable in interview situations, as the stress of a 'normal' interview scenario (bright lights, noise, intense questioning etc) can lead to meltdowns – and they will often say whatever they think the interviewer wants to hear to get them out of the situation. 

This leads to high risk of miscarriages of justice – which those in the justice sector must be aware of and address.

It is unacceptable to ignore the capacity of a person facing the court – and vital to ensure that they are properly assessed before sentencing.