7.2.1 The Role of the Psychiatrist

The Role of the Psychiatrist in the Assessment of Mentally Disordered Offenders: During Arrest, Prior to Conviction and Prior to Sentencing

In the UK, psychiatrists play a significant role in the assessment of mentally disordered offenders at various stages of the criminal justice process, including during arrest, prior to conviction, and prior to sentencing. The role of the psychiatrist in each of these stages may vary but generally involves the assessment of mental health and the provision of recommendations for treatment and management. NICE guidance states 39% of people held in custody by the police suffer from a mental disorder.

During arrest:

During the arrest, psychiatrists may be involved in the initial assessment of an individual’s mental health status and may provide recommendations for appropriate care and treatment (Bradley & Wood, 2014). This may involve identifying individuals who require urgent mental health treatment or those who are not fit to be interviewed or detained in custody.

Determining if an individual is suitable to stay in police custody: There are no specific legal guidelines for establishing if someone is appropriate to continue being held in police custody. Both physical and mental health conditions can render an individual unsuitable for remaining in custody. If a person has a mental disorder that poses a significant, immediate threat to their well-being while in police cells, they are considered unsuitable for continued custody and should generally be hospitalized. This decision is typically made in consultation with a prosecutor’s representative from the court where the case would be presented.

Prior to conviction:

Prior to conviction, psychiatrists may be involved in assessing an individual’s mental health status, including any diagnoses or conditions that may have contributed to their offending behaviour (Taylor & Gunn, 1999). This may include the provision of expert testimony or evidence regarding an individual’s mental state at the time of the offence.

Prior to sentencing:

Prior to sentencing, psychiatrists may be involved in the assessment of an individual’s risk of reoffending and the provision of recommendations for appropriate treatment and management (Bradley & Wood, 2014). This may involve the provision of reports to the courts or other legal bodies and may include recommendations for community-based treatment or hospitalization.

Overall, the role of the psychiatrist in the assessment of mentally disordered offenders in the UK is complex and multifaceted and requires a thorough understanding of the legal and ethical frameworks that govern the criminal justice system.

References:

1. Bradley, E., & Wood, J. (2014). Forensic psychiatry in the UK. Advances in Psychiatric Treatment, 20(3), 191-199.
2. Taylor, P. J., & Gunn, J. (1999). The role of psychiatry in the assessment of mentally disordered offenders. The British Journal of Psychiatry, 174(2), 97-102.