How Psychological Reports Aid Criminal Proceedings: A Legal Perspective
The connection between psychology and criminal proceedings is deep and multifaceted. Psychology plays a crucial role in various aspects of the legal process, from understanding criminal behaviour to assisting in courtroom procedures and communication between a client and their lawyer.
Sexual offending can be complex and because of the nature of the offences, the stigma and impact sexual allegations
can have upon a person it can be vital at all stages of proceedings to have the expertise of a psychologist regardless of whether an offence is accepted or not. This blog explains when and why the expertise of psychologist may be required in cases which involve allegations of a sexual nature, and answers frequently asked questions by our clients.
What Is A Psychologist Report?
A psychological report is prepared by a psychologist following an assessment of the client who is subject to criminal proceedings or police investigation. The psychologist is most usually instructed by the accused’s lawyers who will provide the psychologist with a letter of instruction which will detail exactly what the lawyer and their client want the psychologist’s expert opinion on, this will differ from case to case and is personalised to the client’s circumstances.
Although a psychologist is instructed by the lawyers of the accused, their duty is ultimately to the court and it does not have to favour the accused's position. However, experienced and specialist lawyers would not request an expert opinion on any factors which we may foresee causing our client any difficulties.
In some cases a psychological report can be requested by the court or prosecution.
Do I Need a Psychologist Report?
When preparing a case which involves sensitive and very serious allegations as your lawyers, we are consistently considering how your case can be aided by the expertise of other professionals, including psychologists. We would discuss your options regarding psychological reports and how they may assist your case. It is important to note, that psychological reports are not just for client’s who accept offending and intend to or have pleaded guilty. Psychological reports can be of assistance at the early stages of a case, for example, during a police investigation, depending on the circumstances of the alleged offence and the accused’s personal circumstances.
How Can a Psychological Assessment Assist At The Pre-Charge Stage Of A Case?
An assessment whilst you are under police investigation
can assist us. The assessment can be used to identify any psychological needs you may have, ensuring you have the correct support in place whilst you are facing what is very emotional and difficult time. This in turns allows us to also tailor our approach to your case and communications with you. You do not have to admit to a offence to obtain the expertise of a psychologist, but where you may have accepted offending a psychologist can begin work with you which will have huge impact on future proceedings, particularly at sentence.
Early psychological intervention can also sway the decisions being made at early stages in a particular direction which may be favourable for the accused.
How Can A Psychological Assessment Assist Whilst The Accused Is Waiting For Trial?
With often instruct psychologists to assess our clients prior to court proceedings beginning, particularly where there is suggestion that you may not be able to participate effectively at
trial. Whether there is an underlying or diagnosed conditions which could put our client at a disadvantage.
Mental health assessments can also take place which might contribute to arguments regarding intention and culpability. The results of such assessments can impact decisions on offences with which you have been charged, and also how the case is prosecuted i.e. what category of offending the alleged actions fall into, potentially lessening the seriousness of the offence.
How Can A Psychological Assessment Assist At A Sentencing Hearing?
If you have pleaded guilty or been found guilty there are numerous ways in which a psychological assessment may assist you, your lawyers and the court at the sentencing hearing including:
- Providing the court with an understanding as to why. Sexual offending is not a simple and clear-cut topic, there is often deep-rooted reasons a person has committed a sexual offence such as downloading/possessing indecent images of children, contact offended or communicated with a child.
- To provide expert opinion on any future level of risk. Prior to sentence the accused will have met with the probation service in order for a report to be prepared. However, the test for risk applied by probation is very wide and it is the same generalised risk assessment applied to all offenders. The difference between a probation report and a psychological report is the personalised approach taken by a psychologist and the in-depth risk assessment which is applied. We have often been faced with assessments carried out by the Probation Service which categorise our clients as a high risk, only for the assessment of an expert psychologist to deem our client low risk, in turn greatly affecting the sentence of our client and working in their favour.
- To identify any areas of mitigation regarding mental health issues. Having strong mitigation is extremely important and can make the difference between a custodial and non-custodial sentence. It is not unusual for individuals to go their lives without a formal diagnosis of a mental health condition, whereas some may have that diagnosis and have been living their lives grappling with the condition. Either-way, a psychological report can diagnose and expand upon the affects of mental health conditions, and the consequences for the accused, providing strong and reliable expert mitigation evidence.
- Sentencing and Treatment Recommendations. The psychological expert can provide their opinion on sentence, and any rehabilitation opportunities for the accused. This can assure the court in some cases that there is a likelihood of rehabilitation which can take place in the community rather a prison setting.
How Does the Court Interpret a Psychological Report?
Courts interpret psychological reports as expert evidence intended to assist the judge or jury in understanding a party's mental health, behaviour, or cognitive functioning. However, these reports are not automatically accepted as fact—their weight depends on several factors. Here's how courts typically approach them:
- Courts first determine whether the psychological report meets legal standards for expert evidence. This is done by assessing the qualifications of the expert, the reliability and relevance of methods used by the expert, and the reports connection to the legal issues in question.
- The court consider whether the report is neutral and objective asking itself whether the expert was impartial when assessing and preparing the report.
- Clarity and foundation of the report. Has the expert used reliable techniques, avoids speculation and clearly explains how their conclusions and opinions are reached.
- Findings relate to the issues at hand, particularly in cases where fitness to stand trial and capacity are issues.
How Can We Help You?
At Eventum Legal we are very vested in ensuring that our client is understood and supported from the moment of police involvement to the conclusion of their case. By understanding and ensuring our client has a support system in place we are able to ensure that they are appropriately represented and defended. Psychological reports can play a pivotal role in criminal proceedings, offering insights that support various aspects of a client’s case, but their expertise can extend beyond criminal proceedings, offering clinical support and rehabilitation for a lengthy time following the conclusion of their criminal case.
We have access to highly regarded and experienced psychological experts and instruct them at all stages of proceedings for many clients. At Eventum Legal we pride ourselves on a very personable approach to our client and their case because although the nature of the offence may be a common occurrence before the courts, the individual accused is not and therefore ensuring you are seen as a person to the court, and not a number is paramount.
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