When to instruct
Where a mental disorder, learning disability or significant life history may reduce culpability or affect the appropriate disposal, expert evidence can make a material difference. The Sentencing Council’s guideline on sentencing offenders with mental disorders, developmental disorders or neurological impairments sets out how courts should approach this evidence.
Disposals the report can address
- Hospital order under section 37 of the Mental Health Act 1983, with or without a section 41 restriction order
- Hybrid order under section 45A
- Community order with a mental health treatment requirement
- Custody, and the impact of the disorder on the defendant while in prison
Culpability and risk
The expert can explain how a condition affected the defendant’s decision making and behaviour at the time, the prognosis with treatment, and the risk of further offending. Clear, balanced evidence on these points carries weight with the court.
What the report covers
- Diagnosis and its link to the offence
- Treatment needs and availability
- Recommended disposal with reasons
- Risk assessment where requested
Common questions
Is a pre-sentence report from probation the same thing?
No. Probation pre-sentence reports are prepared by the probation service. A psychiatric or psychological report is independent expert evidence commissioned by the defence.
Does a hospital order need a bed?
Yes. The court must be satisfied that arrangements have been made for admission. The psychiatrist can liaise with services on this.