When to instruct
A psychiatric report is appropriate where mental illness may be relevant to liability, culpability or disposal. Typical cases include psychosis at the time of the offence, severe depression, bipolar disorder, personality disorder, substance-induced states and post-traumatic stress disorder.
Issues a psychiatrist can address
- Mental state at the time of the offence, reconstructed from records, witness accounts and interview
- Diminished responsibility under section 2 of the Homicide Act 1957, as amended by the Coroners and Justice Act 2009
- Insanity under the M’Naghten rules
- Diagnosis and treatment needs, including whether a hospital order may be appropriate
- Fitness to be interviewed and reliability of earlier accounts
Forensic or general adult psychiatrist?
Consultant forensic psychiatrists specialise in the overlap between mental disorder and offending, and are usually the first choice for homicide, serious violence, fitness to plead and hospital order recommendations. A general adult psychiatrist is often suitable for mitigation and where the main question is diagnosis and treatment.
What the report covers
- Background, psychiatric and forensic history
- Review of medical and prison healthcare records
- Mental state examination
- Diagnosis with reasons
- Answers to each question in your letter of instruction
- Statement of truth and CrimPR Part 19 declaration
Common questions
Which records should we send?
GP records, mental health records, prison healthcare records and the prosecution case papers. We arrange secure transfer.
Can the psychiatrist recommend a hospital order?
Yes. A section 37 hospital order requires evidence from two registered medical practitioners, and we can arrange both.