Criminal Law

Photo by Vitaly Gariev via Pexels Section 37/41 Hospital Orders: When to Push for Restricted Disposals in Violent Offence Cases Defence teams representing clients with psychiatric vulnerabilities charged with violent offences face critical decisions regarding appropriate disposals. A Section 37/41 hospital order—combining hospital treatment under Section 37 of the Mental Health Act 1983 with restrictions…

Photo by MART PRODUCTION via Pexels From Police Custody to Prison: A Duty Solicitor’s Checklist for Securing Psychiatric Care for Remand Prisoners The transition from police custody to prison represents a critical juncture where undetected or inadequately managed mental health conditions may escalate. Research published in Frontiers on ‘Risky Remands’ highlights the heightened vulnerability of…

Photo by Vitaly Gariev via Pexels After Pool: A Quick-Reference Guide for Expert Psychiatric Witnesses in Criminal Cases Recent scrutiny of forensic psychiatry in publications such as BJPsych Advances has emphasised the need for robust, legally compliant psychiatric evidence in criminal proceedings. This guide provides expert psychiatric witnesses with practical reference points to ensure their…

Photo by Vitaly Gariev via Pexels Early Intervention & MHA Transfers: Preventing Mental Health Crises for Severely Ill Defendants on Remand The recent focus on ‘Risky Remands’ underscores a critical juncture in the criminal justice system: the identification and management of severe mental illness in custody. For criminal defence solicitors, barristers, and legal aid practitioners,…

Photo by KATRIN BOLOVTSOVA via Pexels The Limits of Neurological Evidence: When Scans Inform, and When They Don’t, in Criminal Responsibility Assessments In the landscape of UK criminal law, the intersection of neuroscience and jurisprudence is a growing area of interest, often fuelled by advancements in imaging technology. However, while neurological evidence can offer valuable…

Photo by cottonbro studio via Pexels Beyond the CV: Vetting Your Criminal Psychiatric Expert to Avoid ‘Outside Expertise’ Costs Orders In the intricate landscape of UK criminal proceedings, psychiatric evidence can be pivotal, profoundly influencing a defendant’s fitness to plead, criminal responsibility, sentencing, and disposal. However, the true value of such evidence hinges entirely on…

Photo by Mauricio Nakamura via Pexels Understanding Diminished Responsibility: Assessing Impairment of Mental Functioning in Homicide Cases In the intricate landscape of criminal law, particularly concerning homicide, the defence of diminished responsibility stands as a critical avenue for legal professionals to explore. It acknowledges that an individual’s mental state at the time of an alleged…

Photo by cottonbro studio via Pexels Preventing ‘Risky Remands’: The Forensic Psychiatrist’s Crucial Role in Identifying and Managing Severe Mental Illness in Police and Court Custody The justice system faces a persistent challenge in appropriately managing defendants presenting with mental health needs, particularly those with severe mental illness, within police and court custody. Recent high-profile…

Photo by Sora Shimazaki via Pexels Recognising Deterioration: When to Request a Fresh Fitness to Plead Assessment for Defendants on Long Remand The landscape of criminal justice in the UK increasingly sees defendants spending prolonged periods on remand. While intended to safeguard justice, these extended incarcerations can have profound and often detrimental impacts on an…