The Difference Between a Psychiatric and Psychological Report in Criminal Proceedings

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Psychological and Psychiatric reports are not uncommon in criminal proceedings, particularly in cases concerning sexual or violent offences. Instructing an expert to assess and prepare a report can be helpful for both trials and for sentencing hearings. They can impact on a range of factors such as fitness to plead, how evidence may be given during a trial, support recommendations for the defendant, bail decisions and can make the difference between a custodial and non custodial sentence.

We can also make use of psychologists and psychiatrists at the pre-charge stage of case, to assist us in making representations to the CPS to support submissions that it may not be in the public interest to prosecute our client. If we can outline any mental health issues that are likely to impact proceedings at an early stage, this would prevent the unnecessary requirement for court proceedings which in turn will only exacerbate the mental state of the accused, potentially making matters worse.

A psychological report and a psychiatric report are both professional assessments related to mental health, but they have distinct differences in terms of focus, content, and the professionals who prepare them. It is important to understand what each report can provide in terms of assistance to decisions being made within the criminal justice system.

One of the most fundamental ways Psychologists and psychiatrists have assisted the judicial system is understanding how an individual’s mental health or cognitive functioning can impact on their ability to participate in court proceedings. To fairly participate in proceedings, the individual on trial must be able to understand what they have been accused of, submit a plea of ‘guilty’ or ‘not guilty’, understand how proceedings are progressing, instruct a solicitor and (if necessary) provide evidence in a fair manner.

But what are the differences between the two, and how do we know which report is required in each case?

Psychologist Report

A psychologist report is prepared by a psychologist, typically a clinical psychologist, counselling psychologist, or neuropsychologist. The reports focus is on the individuals psychological functioning including the cognitive, emotional, and behavioural aspects of this. We would look to instruct a psychologist in a case where our client may have a history of learning difficulties, or neurodevelopment disorders. An example of how such a report would be used may be to demonstrate the clients level of culpability, and lack of understanding of their offending behaviour. This can be typical in cases whereby the client is relatively young and has an even younger mental age, making them prone to engaging romantically and sexually with people whose actual age may be the equivalent of the accused's mental age. Often this creates difficulties particularly where that other person is under the legal age of consent, but in these circumstances it is possible for it to be made clear that the due to the much lower mental age of the defendant, their culpability is lower.

What Happens During a Psychological Assessment

When we instruct a psychologist to make an assessment of our clients they will be invited into the office and be given privacy with the client to conduct their assessment. The assessment can last anywhere between 2-4 hours depending on the case and the needs of the client. Prior to the meeting, and with our clients' consent the psychologist will be given access to the clients' medical history, including any previous mental health records that may be in existence. They will have been considered prior to the meeting.

During the assessment the psychologist will be observing the client to help assess their understanding of situations and responses. They will consider their cognitive abilities, personality structure, emotional well-being, and behavioural tendencies.

Once the assessment has finished the psychiatrist will go away to prepare their written report which will provide their professional opinion, any recommended therapies, recommendations to the court as to how the defendant can be assisted in during criminal proceedings and any other relevant interventions required.

Psychiatric Report

A psychiatrist is a medical Doctor who specialises in diagnosing and treating mental health conditions. Reports of this nature can be useful in establishing a defendants' criminal responsibility, their mental health state at the time of the commission of the offence and their competency in understanding the gravity of the offending and subsequent proceedings.

Common mental health conditions we experience when representing clients are severe depression, bipolar disorder, schizophrenia and other psychotic disorders that affect persons ability to process and in extreme circumstances understand anything that they are doing. It is in these circumstances where it may be important to question with the Crown Prosecution Service whether it is in the public interest to prosecute an individual suffering with such severe mental health conditions, bringing into question their criminal responsibility.

A psychiatrist can also determine fitness to plead in criminal proceedings. It is a very high bar to pass for an accused to be deemed unfit to plead, and it is a diagnosis not taken lightly. Even where a person is unfit to plead, they may not escape the consequences of the commission of the offence and therefore, this is not always in the best interests of the client.

What Will Happen During an Assessment With a Psychiatrist?

Similar to what is explained above, the psychiatrist would attend our office to meet with our client. Prior to the assessment, and with our clients' consent, they would be provided with all relevant health records and will have considered those before the meeting. The psychiatrist will apply various diagnostic tools to assess any mental health disorders, the severity of them and how they may impact the criminal proceedings.

They will then prepare their report and explain their findings. Within their report they are able to diagnosis mental health disorders where there hasn't already been a diagnosis, discuss the symptoms of the client, history of illnesses and medical background. They can provide a medical opinion on how the mental health disorder may affect the thinking and understanding of our client and prescribe medication and relevant treatment plans to assist the client moving forwards. Their report may, where relevant, include an evaluation of risk factors a client may present such as the likelihood of them causing harm to themselves or others which is not only helpful for sentencing purposes, but also where bail is being considered.

Obtaining a Report From a Psychiatrist and a Psychologist

It can sometimes be beneficial for a client to have an assessment with a psychologist and psychiatrist, they can both come together to provide an holistic view of the client's mental health, offering a more complete understanding of their mental state and behaviour before the commission of an offence, during the commission and afterwards. The evaluations and findings of one professional can also be cross-verified by the other, increasing the reliability and credibility of the mental health assessments presented in court.

It is important to also highlight the benefit psychiatrists and psychologists can have on the relationship between you and your lawyer. By providing us with information regarding our client's mental health, we can then adapt the way in which we explain evidence to you, interact with you and take instructions from you. Leading us to better represent you and work with you to defend the allegations made.

How We Can Help You

At Eventum Legal we have spent many years working with clients who suffer with mental health conditions, learning and developmental disorders, and we understand the impact this can have on their ability to provide legal instructions, understanding and decision making processes, particularly in cases concerning allegations of a sexual nature.

We will often be in a position to identify client's needs and ensure they receive the required assessment, report, help and support. We have built relationships with excellent forensic psychologists and psychiatrists which in turn allows us to put our client in the best possible position throughout their case where they are impaired by any condition falling with the remit of these experts.

If you have concerns about the impact of your mental health, cognitive function or ability to understand criminal proceedings then contact our lawyers today for a free initial discussion about your case. It may be that a report is required to assist your case and to assist in achieving the best possible outcome for you.

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