Can an Expert Psychiatrist assess for mental capacity?

17 March 2025

Can an Expert Psychiatrist assess for mental capacity?

1. Assessing Mental Capacity
Psychiatrists assess whether the defendant has capacity to make decisions relevant to:

  • Participation in trial
  • Accepting or refusing treatment
  • Understanding bail conditions

This is especially relevant in cases involving neurodevelopmental disorders, traumatic brain injuries, or severe psychosis.

2. Psychiatric Input for Vulnerable Witnesses or Defendants
They may also assess whether a witness or defendant requires:

  • Special measures (e.g., video testimony)
  • Intermediaries to assist communication
  • Adjustments due to mental illness