What Can A Forensic Psychiatrist Do For Your Case?


Forensic psychiatry is a specialised branch of psychiatry which deals with the assessment and treatment of mentally disordered offenders in prisons, secure hospitals, and the community. Forensic Psychiatry requires a sophisticated understanding of the interface between mental health and criminal law.

What Is A Forensic Psychiatrist?

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Forensic psychiatrists are often called to be expert witnesses in both criminal and civil proceedings. Expert witnesses give their opinion about a specific issue and the psychiatrist will have prepared a detailed report before testifying. The primary duty of the expert witness is to provide an independent opinion to the court. An expert can testify in court with respect to matters of opinion only when the matters in question are not ordinarily understandable to the finders of fact, be they judge or jury. The expert will be asked to form an opinion and to testify about that opinion, but in so doing will explain the basis for that opinion which will include important concepts, approaches, and methods used in psychiatry.

What Do Forensic Psychiatrists Typically Address Within Criminal Law?

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  1. The state of mind at the time of trial; Typically referred to as Fitness to Plead. This is an important factor in a trial, as it determines whether the defendant has a full awareness of the trial proceedings and can provide a considered plea to the court.

  2. The state of mind at the time of the offence; Referred to as Mens rea. This is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of many crimes, and it is this assessment which most commonly leads to the use of mental health legislation to detain people in hospital, as opposed to receiving a prison sentence.

Why Should I Use A Forensic Psychiatrist For My Case?

From assaults and thefts, to murders, arson, and sexual offences, choosing the most appropriate psychiatrist is imperative as the results of an assessment can have a considerable effect on the outcome of a case and its sentencing. For example, due to the danger to the public that is posed by an arsonist, a full psychiatric assessment is required in each arson case. Having an expert witness psychiatrist that has experience with arsonists and their motives is essential.

The benefits of using a Clarity expert witness in your case are that all forensic psychiatrist are court ready and have extensive experience in delivering their reports in a hostile court setting, while under intense scrutiny by the opposing barrister. Our experts are at all times impartial, unbiased, and totally independent from outside interference, allowing for a full and balanced report based solely on the facts.

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How Do I Find The Right Psychiatrist For My Case?

The forensic psychiatrists at Clarity have experience in high level and complex criminal law cases and can produce reports for Fitness to plead and/or Mens Rea, in cases ranging from murder and sexual offences, to arson and assault. The psychiatrists at Clarity also provide the full range of psychiatric services to criminal law firms, as well as full psychiatric assessments, sentencing reports, and treatment plans to the court.

Instructing the right forensic psychiatrist is essential for a criminal law case as it requires specific expertise and experience to address the complex nature of criminal law and the reasons for committing criminal offences.

At Clarity, our team has the expertise to match your specific needs with an appropriate psychiatric skill set, all at legal aid rates and with nationwide coverage. If you have any questions about the type of forensic psychiatrist you need, or if you require a psychiatric assessment in a remote location, contact the team at Clarity and they will take you through the process and get you the right psychiatrist for your case.


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