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.