Psychiatric reports for sentencing and mitigation
Our psychiatrists report on culpability, mitigation and disposal under the Sentencing Council guideline.
- Section 12-approved psychiatrists
- Same-day quotes and CVs
- Legal aid accepted
- Prison, video or in-person assessment
GMC-registered psychiatrists · Reports written to Criminal Procedure Rules Part 19
Psychiatric evidence at sentence
Before passing a custodial sentence on a defendant who has, or appears to have, a mental disorder, the court must obtain a medical report from a Section 12-approved doctor unless it considers one unnecessary (Sentencing Act 2020, section 232). A pre-sentence report from probation does not meet that requirement.
Culpability may be reduced where there is a sufficient connection between the disorder and the offending, under the Sentencing Council’s guideline on offenders with mental disorders, developmental disorders or neurological impairments. Our psychiatrists address that connection directly.
Questions our psychiatrists answer
- Diagnosis at the time of the offence and now
- Whether, and how far, the disorder reduced culpability
- The likely effect of custody on your client’s condition and treatment
- Whether a community order with a mental health treatment requirement is suitable
- Whether a hospital or hybrid order should be considered (see hospital order reports)
- Risk, where dangerousness is in issue (see forensic risk assessments)
Short sentences and suspension
Since 22 March 2026 the court must suspend a custodial term of 12 months or less unless an exception applies. Psychiatric evidence can inform that decision and the requirements attached to the order.
Mental health treatment requirements
Treatment may be delivered by or under the direction of a doctor or a registered psychologist. The court must be satisfied that the condition requires and may respond to treatment, that treatment can be arranged and that your client is willing to comply.
Who pays for the report
Where a report is, or could be, ordered by the court to consider a hospital order or a mental health treatment requirement, it is paid from central funds, and the Legal Aid Agency will refuse prior authority for it.
Reports you commission for the defence on other issues, such as culpability, mitigation or risk, are funded through legal aid. We send the CV and itemised quotation for your prior authority application.
Current position checked 10 November 2026
The Sentencing Council’s mental disorders guideline has applied since 1 October 2020 and is due to be revised, but no revised version is in force. The presumption of suspension for sentences of 12 months or less has applied since 22 March 2026.
Written for the court
Every report is written to the requirements of Criminal Procedure Rules Part 19 and the Criminal Practice Directions in force when it is signed.
The link to the offence
The report explains whether there is a sufficient connection between the disorder and the offending, which decides whether culpability is reduced.
Effect of custody
The expert addresses how custody would affect your client’s condition and treatment, which the court must consider.
Section 12 approval
Reports for section 232 are prepared by Section 12-approved psychiatrists.
Duty to the court
The expert’s duty is to the court, and it overrides any obligation to the solicitor who instructs or pays them.
A psychiatrist for your sentencing hearing
Send us the case details and we will come back with expert CVs and an itemised quotation.
Common questions
Must the court obtain a psychiatric report before sentence?
Before a custodial sentence on a defendant who has or appears to have a mental disorder, yes, unless the court considers it unnecessary. The report must come from a Section 12-approved doctor.
Is a pre-sentence report enough?
Not for section 232. A pre-sentence report is prepared by probation and does not meet the requirement for a medical report.
Will the judge follow the psychiatrist’s opinion?
The judge must consider it but may depart from expert opinion for compelling reasons, so the report sets out its reasoning in full.
Can you report on a defendant under 18?
Yes, through a child and adolescent psychiatrist. The adult mental disorders guideline does not apply to under-18s, who are sentenced under the guideline for children and young people.
How long does a report take?
Standard turnaround is 10 to 15 working days after assessment and receipt of records. Urgent and fast-track options (24 to 72 hours) may be available depending on complexity and diary capacity.
Other criminal reports
Diminished responsibility
Section 2 evidence in murder cases, including loss of control.
Hospital and hybrid orders
Sections 37, 41, 38 and 45A, remand to hospital and transfers from prison.
Fitness to plead
Pritchard criteria, trial of the facts and effective participation.
Insanity and mental state
M’Naghten Rules, psychosis, intoxication and automatism.
Parole Board reports
Independent risk reports for parole reviews, recalls and progression.
Risk assessments
Violence, sexual and fire-setting risk for sentence and disposal.
Modern slavery defence
Section 45 evidence on trauma, vulnerability and relevant characteristics.
Vulnerable defendants
Interviews, confessions, intermediaries and effective participation.
Further reading
Instruct a psychiatrist for sentencing
Send us the case details and we will come back with expert CVs and an itemised quotation.