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Forensic psychiatric evidence for criminal cases.

Fitness to plead, mental state at the time of the offence, risk and hospital orders, from Section 12-approved psychiatrists where the question needs one. Send the charge, the court and the hearing date. The search is free and we take legally aided cases, with each quote within the legal aid rates.

0121 752 6061 info@medicalexpertsforlawyers.co.uk

I need for case.

How it works.

Send the case once. We find the psychiatrists who can report by your hearing date.

  1. 1

    Tell us the case

    The charge, the court, the questions and the next hearing date, whether your client is in custody or in hospital, and any psychiatric history.

  2. 2

    Compare psychiatrists

    You get each psychiatrist’s CV, fee and availability, and nothing is agreed until you instruct. We check experts for registration and insurance.

  3. 3

    Assessment and report

    The psychiatrist can see your client in prison, in hospital or where they live, or by video where that suits the question. A named case manager arranges the appointment and manages the instruction through to delivery of the report.

    1 to 2 weeks, urgent 2 to 3 days (estimates)
Submit an enquiry Call 0121 752 6061

Fitness to plead.

The judge needs the evidence of two or more doctors, at least one of them approved under section 12 of the Mental Health Act 1983. Tell us whether you need one psychiatrist or two, and whether one must be Section 12-approved. You receive psychiatrists to match, each with a CV, fee and availability.

  1. Understanding the charges
  2. Deciding whether to plead guilty or not
  3. Exercising the right to challenge jurors
  4. Instructing solicitors and counsel
  5. Following the course of the proceedings
  6. Giving evidence in their own defence

In England and Wales a defendant must be capable of all six: the test from Pritchard (1836), as restated in R v M (John) [2003] EWCA Crim 3452, para 20.

If the defendant is found unfit, a jury tries the facts (Criminal Procedure (Insanity) Act 1964, s4A), and the disposals are a hospital order, a supervision order or an absolute discharge (s5(2)).

Submit an enquiry Call 0121 752 6061

In the magistrates’ court.

The 1964 Act applies only in the Crown Court, but the same psychiatric evidence is often needed in the magistrates’ court.

Where a restriction order may be needed after conviction, the court can commit to the Crown Court (s43(1)). Put the next hearing date in the enquiry.

Submit an enquiry Call 0121 752 6061

Mental state at the time of the offence.

Two defences turn on psychiatric evidence about the time of the offence.

QuestionThe testWhat the psychiatrist addresses
Diminished responsibility (murder)An abnormality of mental functioning from a recognised medical condition, substantially impairing the ability to understand the conduct, form a rational judgment or exercise self-control, and explaining the acts in the killing (Homicide Act 1957, s2(1) and (1A))The diagnosis, each of the three abilities, and the link to the killing
InsanityA defect of reason from a disease of the mind: not knowing the nature and quality of the act, or that it was wrong (M’Naghten’s Case (1843)). It needs two or more doctors, at least one duly approved (Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, s1)The defendant’s mental state at the time, from the records and the interview

More on medical expert witnesses for criminal cases. Tell us which defence is in issue, and we find a psychiatrist who can deal with it.

Submit an enquiry Call 0121 752 6061

Hospital orders, restriction orders and remand.

A forensic psychiatrist’s report usually deals with these Mental Health Act 1983 powers. The Mental Health Act 2025 amends these sections, but most of its changes are not yet in force.

PowerWhat it doesEvidence needed
Remand for a report (s35)Remand to hospital for a report on the defendant’s mental condition, for up to 28 days at a time and 12 weeks in allOne registered medical practitioner
Interim hospital order (s38)Admission to hospital after conviction and before sentence: up to 12 weeks at first, renewable for up to 28 days at a time, 12 months in allTwo registered medical practitioners
Hospital order (s37)Detention for treatment where the disorder makes it appropriate and treatment is available; admission within 28 daysTwo registered medical practitioners
Restriction order (s41)Made by the Crown Court with a hospital order, where needed to protect the public from serious harmOne of the doctors gives evidence orally
Hospital and limitation directions (s45A)A prison sentence with a direction for detention in hospital instead of prison, under the section 41 restrictions. Crown Court only, for an offence whose sentence is not fixed by lawTwo registered medical practitioners, at least one giving evidence orally

Most of these orders need two doctors, and a restriction order or a hospital and limitation direction needs one of them to give evidence orally in court. Tell us which order is in issue and the hearing date, and each psychiatrist’s availability for it comes with the CV.

Submit an enquiry Call 0121 752 6061

Reports for sentencing.

Before a custodial sentence on an offender who is or appears mentally disordered, the court must obtain a medical report from a Section 12-approved doctor, unless it considers one unnecessary (Sentencing Act 2020, s232).

Under the Sentencing Council’s guidelines, culpability is only reduced where there is sufficient connection between the disorder and the offending, so the report should deal with that connection. Put the sentencing date in the enquiry.

Submit an enquiry Call 0121 752 6061

Across the UK.

We find psychiatrists for cases in Scotland and Northern Ireland too, where the tests and terms differ. Tell us the court, and the report is written to its rules.

England and Wales

  • Unfit to plead: the six abilities, decided by the judge (1964 Act, s4)
  • Diminished responsibility: murder becomes manslaughter (Homicide Act 1957, s2)
  • Disposal: hospital order (s37) and restriction order (s41), Mental Health Act 1983

Scotland

  • Unfitness for trial: incapable, by reason of a mental or physical condition, of participating effectively in a trial, on the balance of probabilities (Criminal Procedure (Scotland) Act 1995, s53F); an examination of facts follows (s54)
  • Special defence: unable, by reason of mental disorder, to appreciate the nature or wrongfulness of the conduct (s51A)
  • Diminished responsibility: culpable homicide instead of murder (s51B)
  • Disposal: compulsion order on the evidence of two medical practitioners (s57A), with a restriction order where needed to protect the public from serious harm (s59)

Northern Ireland

  • Unfitness to be tried: decided by the court without a jury (Mental Health (Northern Ireland) Order 1986, art 49(4)). It needs the oral evidence of a doctor appointed by RQIA and the written or oral evidence of one other doctor (art 49(4A)); a jury then decides whether the accused did the act (art 49A)
  • Diminished responsibility: arising from a recognised mental condition (Criminal Justice Act (Northern Ireland) 1966, s5)
  • Hospital order: for mental illness or severe mental impairment (art 44), with a restriction order where needed (art 47)
Submit an enquiry Call 0121 752 6061

Questions about forensic psychiatric evidence.

For anything else about your case, call us.

Call 0121 752 6061
Who can carry out a fitness to plead assessment?

In England and Wales, a registered medical practitioner, usually a consultant psychiatrist. The court needs the evidence of two or more doctors, at least one of them duly approved (Criminal Procedure (Insanity) Act 1964, s4(6)). Tell us if you need an approved doctor, and the psychiatrists you receive will be approved.

Can one psychiatrist cover fitness to plead and mental state at the time?

Often, yes. Put every question in the enquiry, so we find a psychiatrist who can deal with all of them.

How long does the report take?

Reports usually take 1 to 2 weeks, or 2 to 3 days when urgent. Timescales are estimates and depend on expert availability, the appointment and receipt of the relevant records.

Is a forensic psychiatric report covered by legal aid?

Yes, subject to each jurisdiction’s rules: the quotes come within the legal aid rates, and where the case justifies a higher rate the quote sets out why, ready for prior authority (in Scotland, SLAB’s prior approval). See fees and legal aid.

Send the case. We find the experts.

  • The type of caseFamily, personal injury, criminal, immigration, employment…
  • The specialty, or the issuesIf you are not sure who you need, describe the medical questions
  • The court or tribunalAnd any directions already made about expert evidence
  • Your deadlineHearing, filing or limitation date
  • How the case is fundedLegal aid, private, CFA or insurer
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Tell us your deadline, and we find a forensic psychiatrist who can meet it.

You get the CVs and fees of those who can.

Submit an enquiry Call 0121 752 6061