Criminal Law - Expert Evidence
It all begins with an idea.
The relationship between the criminal justice system and mental disorder has been of importance to legislators since the times of some of the most ancient organised societies. Considerations of issues such as capacity for decision making, and criminal responsibility, sentencing and punishment of mentally ill offenders and the ability to give evidence in a court of law, are documented in the law of Britain since the Roman era. With reference, for example, to ancient Roman legal maxims such as
furiosi nulla voluntas est (the insane do not have free will)
furiosus solo furore punitur (a madman is punished only by his madness)
furiosus absentis loco est (the insane are not present) (ie, cannot be witnesses)
Recent, serious cases such as R v Calocane and the subsequent appeal continue to highlight the tensions involved in balancing criminal justice outcomes against the need for clinical care for the mentally disordered. Public opinion remains heavily divided on such issues. In the age of ever-advancing facilities for information-sharing and communication, mental health services are rightly expected to learn and apply knowledge from historical incidents pertaining to mental health and crime. As such, the public’s expectations of appropriate support, treatment and monitoring of those with severe mental health conditions - especially where the condition may increase the risk of perpetration of a violent or harmful act - are higher than in the past.
There is an expectation of forensic mental health professionals to assist in the prevention of criminality that can be ascribed at least in part to symptoms of mental illness, and for such professionals to assist where necessary with concomitant legal process. Equally, quality clinical assessments are a vital safeguard for people with mental disorder in ensuring that their needs are identified, and human rights respected, during criminal justice processes.
Issues such as fitness to plead and stand trial, capacity to form criminal intent, the defences of insanity , automatism and diminished responsibility may be raised at trials and are subjects best addressed by an experienced psychiatric expert witness. Similarly, the sentencing options with respect to mental health vary and psychiatric opinion may help decide matters regarding the making of hospital orders (with or without restrictions), hybrid orders, community orders with mental health treatment requirements (MHTRs), or the mental health implications for a defendant sentenced to custody.
People affected by any mental health condition - for example, psychosis, depression, bipolar affective disorder, post-traumatic stress disorder - can require additional assessment in criminal justice proceedings. At Medico-Legal Assessments, our consultants also have particular experience and expertise in neuropsychiatric conditions, such as Traumatic Brain Injury (TBI) Stroke, Huntington’s Disease and Dementia. The relationship between Traumatic Brain Injury and crime is increasingly well recognised (including in more mainstream media - eg The Economist, 2021) - but in our experience too many people with TBI are not identified and assessed appropriately at various stages of the criminal justice process. As an area of specific medical interest, we would urge potential instructing parties to consider a history of TBI when working with defendants and other individuals.
Cases where epilepsy and offending , or memory impairments are involved will also be of specific interest given our clinical expertise.
Please contact Medico-Legal Assessments (medicolegalassessments.co.uk) with details of your criminal case and the nature of the issues to be addressed for a response and where appropriate a quote within 24 hours. Assessments can normally be arranged within 2 weeks of receipt of instructions, and a report available within the following 2 weeks. Criminal Legal Aid rates are accepted (£108/hour). Court attendance is charged at £1000/day, plus travel (£80/hour).
Our experts have prepared reports on behalf of both Defence and Prosecution, on issues such as ·
· Fitness to Plead and Stand Trial
· Disposal and sentencing recommendations
· Second opinions for Restricted patients
· Expert evidence (Brain Injury and Offending) to the Parole Board
· Insanity and automatism
· Capacity to form criminal intent
Defendants, victims and witnesses can be assessed as required
(c) Medico-Legal Assessments, 2024