What can Expert Witness Psychiatrists assess in criminal cases?

Expert Witness Psychiatrists are medically qualified doctors, registered with the General Medical Council (GMC), who have completed specialist training in psychiatry. They are often further qualified in forensic psychiatry, meaning they understand both mental health and the legal context in which they operate.

In the UK criminal justice system, expert witness psychiatrists provide the courts with specialist medical insights into a defendant’s mental health and psychiatric history. Their input can be pivotal in ensuring that justice is not only fair but informed by a thorough understanding of psychiatric conditions.

Please see articles below for more information

Key Expert Psychiatric Assessments in Criminal Cases

Below are some examples of the types of assessments Expert Witness Psychiatrists are typically instructed to assess: 1. Fitness to Plead Psychiatrists evaluate whether the defendant is fit to stand trial, using criteria such as: Understanding the charges and the court process Being able to instruct a solicitor Having capacity...
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What can Expert Witness Psychiatrists assess that Psychologists can’t?

Unlike psychologists (who focus more on behaviour and cognition), psychiatrists bring a medical model to their expert assessments, often including: Assessing the effects of medication or substance misuse Recommending psychiatric treatments or hospitalisation Certain types of expert mental health assessments, such as those based on a review of medical records,...
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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...
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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...
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