Expert Witness Journal Dec 24 - Journal - Page 79
Forensic Psychiatry Experts:
Navigating Complexities in
the Legal System
By Forensic Access
Forensic psychiatry plays a crucial role in the criminal
justice system, bridging the gap between law and
mental health. As legal professionals increasingly
encounter cases involving mental health issues, the
insights provided by forensic psychiatrists have
become indispensable. These experts not only assess
the mental state of defendants but also provide the
courts with informed guidance on matters ranging
from fitness to plead to sentencing considerations.
Understanding the Difference Between a
Psychiatrist and a Psychologist
One of the most frequent sources of confusion in the
legal field is the distinction between psychiatrists and
psychologists, both of whom can serve as an expert
witness but with different qualifications and roles. A
psychiatrist, as Dr McAllister clarifies, is a medically
trained doctor, licensed by the General Medical
Council (GMC), who specialises in the diagnosis and
treatment of mental disorders. They have the
authority to prescribe medications and often work
within a medical-legal framework to assess individuals
with mental health disorders in legal contexts.
Psychiatrists also have the ability to recommend
compulsory treatment under the Mental Health Act,
a critical aspect of their role in forensic cases.
Understanding the nuances of forensic psychiatry
is essential for those working within the legal
system. Knowing how to properly instruct forensic
psychiatrists and what to expect from their expertise
can significantly impact case outcomes.
This article is drawn from our latest webinar featuring
Dr Peter McAllister, a Consultant Psychiatrist with over
two decades of experience. During the session, Dr
McAllister offered valuable insights into the role of
forensic psychiatrists and shared practical advice
for legal professionals when working with an expert
witness.
EXPERT WITNESS JOURNAL
On the other hand, psychologists typically hold a
degree in psychology and specialise in various
fields such as clinical, forensic, or occupational
psychology. Registered with the British Psychological
Society (BPS), psychologists focus on therapeutic
treatments and the study of behaviour, often utilising
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DECEMBER 2024
