Why You Should Instruct A Psychiatric Expert Witness to Prepare Psychiatric Court Reports?

Working as a solicitor, you always want what’s best for your clients. Unfortunately, preparing a robust defense for an individual accused of a crime carried out due to mental incapability can be extremely challenging. Basing a case primarily or exclusively on mental factors isn’t easy, particularly if no legal witness is available to testify and explain the circumstances of the incident.

In such instances, a psychiatric expert witness can add a serious amount of important weight to the case being presented. Psychiatric expert witnesses are those who have the formal knowledge, training, education and experience necessary to conduct a detailed and accurate assessment of an individual’s mental health. Any evidence or information provided by a psychiatric expert witness can the help court decide about culpability and disposal.

This can often make the difference between an individual with a genuine mental health condition being wrongly convicted of a crime, or provided with the help and support they need to overcome their issues. Though it’s surprising how infrequently psychiatric expert witnesses are called upon to create and present formal psychiatric reports, in order to support such cases.

The number of defendants with genuine mental issues denied access to the support they need is impossible to calculate, though should be acknowledged by the legal community as an important and pressing priority.

What is a Psychiatric Expert Witness?

A psychiatric expert witness is a qualified and experienced psychiatrist with the knowledge and skills necessary to identify, diagnose and treat mental disorders Or to put it another way, a psychiatric expert witness can explain from a purely scientific perspective if there is a mental disorder contributing to alleged criminal behavior such as whether individual has mens rea, capacity to form intent, fit to plead, fit to stand trial, has defense of diminished responsibility available and suggest suitable disposal options at sentencing such as Hospital order or MHTR ( Mental Health Treatment Orders)

It’s no secret that a considerable proportion of crimes committed take place due to the mental issues the perpetrator is struggling with at the time. In the event that a serious mental health problem drives a person to commit an act beyond their control or comprehension, this isn’t the same as a person carrying out a careful and calculated attack in full consciousness of what they’re doing.

The problem is that without expert testimony from an individual who understands mental disorders, a defendant may have little to no evidence to support their case.

If an individual is accused of a crime and able to provide evidence that their actions were influenced by a severe mental issue – temporary or chronic – the case as a whole may be approached from an entirely different perspective. The court will be required by law to show a certain amount of leniency, which could mean anything from avoiding jail time to having all charges dropped in their entirety.

All of which is dependent on the reports and testimony of the psychiatric expert witness.

When Would a Psychiatric Expert Witness Be Necessary?

As a solicitor, it is essential to seek the support of an experienced psychiatric expert witness if and when any aspect of a client’s defence rests on mental health and/or state of mind.

For example, crimes committed by individuals with paranoid schizophrenia, dementia, Bipolar Affective Disorders, emotional wellness issues, temperament issues often call for an entirely different approach in court. The issue is that even when a defendant has been formally diagnosed with such a condition, it is still necessary to prove that their condition was (at least in part) responsible for their actions.

Certain types of drug misuse and the consequences of intoxication may also call for leniency on the part of prosecutors.

As a psychiatric expert witness is technically a 100% independent party to the case, they can provide solicitors with an honest and objective overview of their opinions. If the psychiatric expert witness believes the mental health of the defendant played a role in the crimes they committed, they will produce a report to be brought before the courts with recommendations.

How Instructing a Psychiatric Expert Witness Could Help Your Case

It’s worth remembering that instructing a psychiatric expert witness isn’t solely about presenting a strong defense. Depending on the nature and severity of the mental issue the defendant is dealing with, they may ultimately be deemed unfit to be brought before the courts in the normal capacity.

In addition, a psychiatric expert witness can help determine if and to what extent a defendant poses a threat to him/herself, or even whether they are safe to return to the general populace. Again, the important thing to remember being that instructing a psychiatric expert witness isn’t exclusively about leniency on the part of your clients.

The job of the psychiatric expert witness is not to take sides, but instead to evaluate the situation objectively and professionally. If it is blatantly obvious that the defendant is attempting to use a fabricated mental health complaint as an excuse for their actions, you cannot expect a respectable psychiatric expert witness to report anything different.

Nevertheless, if you are genuinely convinced that your client’s state of mental health needs to be taken into account as part of their case, instructing a psychiatric expert witness could make all the difference.

Early-Stage Consultation

Though it’s never too late in a case to bring in an expert witness, it’s nonetheless advisable to consult with a psychiatric expert witness at the earliest possible stage. Cases can often be brought to an amicable conclusion quicker and with fewer complications, if a psychiatric report is presented to the courts as early as possible.

The later you leave it, the more likely it is you’ll be asked to justify why you didn’t mount miss particular defense at an earlier stage.

In the event that a psychiatric expert witness is unable to help, you will at least benefit from the peace of mind that comes with knowing you did everything you could for the benefit of your client.

How MEWA can help?

We can match you with suitably qualified psychiatry expert within legal aid rates and meet any deadline. We can screen the referral to advise if a specialist psychiatrist expert witness such as neuropsychiatry, learning disability or Old age psychiatrist will be required.

We can provide advice regarding whether you need a psychologist also to cover issues of suggestibility, vulnerability, and formal cognitive and IQ testing to rule out learning disabilities promptly, depending upon the complexity of the case.