Can an Expert Psychiatrist do an offender risk assessment?

17 March 2025

Can an Expert Psychiatrist do an offender risk assessment?

1. Risk of Re-offending
Psychiatrists assess the likelihood of future harm, especially in cases involving violence or sexual offences. This may include:

  • Reviewing psychiatric history and criminal records
  • Exploring past aggressive behaviour or delusions

Using tools like the HCR-20 or START

2. Detention under the Mental Health Act
A psychiatrist may recommend that a defendant be:

  • Detained for treatment under Section 37
  • Given a restriction order under Section 41, in serious or high-risk cases

These reports often guide the court in deciding between imprisonment and psychiatric care.

3. The Role in Sentencing
Courts frequently rely on psychiatric reports during sentencing, particularly if:

  • The defendant’s mental illness is considered a mitigating factor
  • There is concern over safeguarding, rehabilitation, or public safety
  • Mental health treatment could reduce the likelihood of re-offending

Psychiatrists may also give an expert opinion on whether the defendant’s condition contributed to the offence.