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Chapter 5 - Legal Issues and Expertise in Forensic Psychiatry

Published online by Cambridge University Press:  06 June 2024

By
Penelope Brown  and
Richard Latham
Edited by
Mary Davoren  and
Harry G. Kennedy
Mary Davoren
Affiliation:
Broadmoor Hospital and West London NHS Trust
Harry G. Kennedy
Affiliation:
Trinity College Dublin
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Summary

Psychiatrists, alongside other medical experts, have a role in applying clinical and scientific expertise in legal contexts. The courts use expert evidence when dealing with matters outside the knowledge of the layperson, in particular the judge and jury. Forensic psychiatry training has a particular focus on the care and treatment of offenders with mental disorder. Forensic psychiatry practitioners are expected to have not only specialised knowledge of mental disorder but also detailed knowledge of the relevant legal issues and justice systems. It is crucial that psychiatrists acting as expert witnesses understand the nature of the legal issues in order to function competently at court. This chapter outlines the role of the psychiatrist as an expert witness and summarises legal issues on which forensic psychiatrists are asked to comment in criminal settings, namely fitness to plead, mental health defences and sentencing.

Keywords

Legal issuesExpert witnessNot guilty by reason of insanityFitness to stand trialCourts
Type
Chapter
Information
Seminars in Forensic Psychiatry , pp. 119 - 140
Publisher: Cambridge University Press
Print publication year: 2024

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