Criminal proceedings expert witness reports

Conditions and presentations

• Acquired brain injury

  Frontal and executive dysfunction relevant to behaviour and risk.

• ADHD

  Diagnosis, impulsivity, and relevance to offending and sentencing.

• Alcohol and substance dependence

  Including the role of intoxication and withdrawal.

• Arson and fire-setting

  Pyromania and motivational analysis.

• Autism spectrum disorder

  Including communication needs and reasonable adjustments at trial.

• Bipolar affective disorder

  With relevance to mens rea, sentencing, and disposal.

• Diminished responsibility

  Section 2 Homicide Act 1957 as amended.

• Dissociative states

  Including dissociative amnesia for the index offence.

• Drug-induced psychiatric states

  Stimulant, cannabinoid, and prescribed-drug psychoses.

• Fitness to plead and stand trial

  Pritchard criteria assessment with reference to recent case law.

• Insanity and automatism

  M'Naghten rules and sane and insane automatism.

• Learning disability

  Across the spectrum of severity, with effective participation in mind.

• Loss of control

  Sections 54 and 55 Coroners and Justice Act 2009.

• Mental state at the time of the offence

  Mens rea, intoxication, and the relevance of mental disorder.

• Paraphilic disorders

  Where relevant to sexual offences and risk.

• Personality disorder

  Antisocial, EUPD, narcissistic, and paranoid presentations.

• Schizophrenia and other psychotic illness

  Including schizoaffective disorder and delusional disorder.

• Sentencing and disposal

  Section 37, section 41, section 45A, and community disposals on mental health grounds.

• Severe depression

  Including psychotic depression and post-offence suicidality.

• Stalking and harassment

  Typology and risk-of-recurrence assessment.

Typical questions for the expert

• Is the defendant fit to plead and stand trial?
• What was the mental state at the time of the offence?
• Are there grounds for a section 37 hospital order, with or without restriction?
• What sentencing options should the court consider on mental health grounds?

Reports provided

Psychiatric reports for the Crown Court and magistrates, Mental Health Act recommendations, and addenda for sentencing hearings.

Experts owe their primary duty to the court under CPR Part 35 and equivalent procedural rules.

Related practice areas

Cases in this area often overlap with our work on mental capacity and court of protection, inquests and inquiries, and family and child proceedings. You may also want to read our full list of practice areas.