When is a Forensic Psychology assessment helpful in criminal court proceedings?

Forensic Psychologists (FP’s) specialise in understanding criminal behaviour and victimisation.

This article will focus on an FP’s role in assessing men and women who have committed a criminal offence and are being tried within a criminal court.

Contrary to popular media portrayal, FP’s rarely assist Police to catch criminals. It is more common for FP’s to work with individuals after a criminal offence has occurred. In such instances, an assessment of the individual and the offence is key. Most criminal behaviour is inherently psychological – human thoughts, emotions, and behaviours drive it. This is how an FP assessment can add value to the analysis of a crime; it can help understand the psychological aspects of why the individual behaved in the way they did.

A good FP assessment will also provide advice on the likelihood that the individual will commit a further offence in the future (risk assessment) and the things that may need to be put in place to prevent further offending (risk-management). Given that current Government statistics indicate that 28.7% of convicted offenders commit a further offence within 12 months[1], this remains an essential function of an FP assessment. 

Outlined below are examples of how an FP assessment can be particularly useful at the various stages of a criminal court trial. 

Pre-trial

One of the most fundamental ways Psychologists have assisted the judicial system in modern times is understanding how an individual’s mental health or cognitive functioning can impact on their ability to participate in court proceedings. To fairly participate in proceedings, the individual on trial must be able to understand what they have been accused of, submit a plea of ‘guilty’ or ‘not guilty’, understand how proceedings are progressing, instruct a solicitor and (if necessary) provide evidence in a fair manner.

FP’s have expertise in assessing a person’s mental health and cognitive functioning. Most assessments of this nature will include a clinical interview and the use of psychometric measures, which can advise on how the person’s functioning compares to the general population. If necessary, diagnosis of various conditions such as anxiety, schizophrenia and learning disabilities are made. 

The assessment can advise the legal team and judge about whether the person is fit to enter a plea, stand trial, and participate in proceedings. If there are specific special measures that need to be in place to assist in any of these matters, they can be advised by the assessment. For example, someone who has lower levels of cognitive functioning may require an intermediary to assist with their understanding and communication during proceedings. Or a person who experiences high levels of anxiety may provide best evidence via video link, as opposed to attending the courtroom in person.

During the trial and sentencing

To obtain a fair judgement of ‘guilt’ and decide on appropriate sentencing, it is important to understand why an offence has occurred and the likelihood of re-offending in the future. FP’s are often asked to provide analysis and risk assessments during criminal trials and at the sentencing stage.

A good FP assessment will use structured professional tools, psychometric measures and formulation to provide an analysis of why a person has acted in the way they did. Having this understanding can be helpful for those persons required to make decisions about guilt and sentencing. 

Once an understanding of why the offence occurred is obtained, it is possible to advise on what needs to be put in place to avoid future re-offending. This involves recommendations about whether an individual is best placed within a community or secure setting (prison/hospital). Recommendations can be made about forms of treatment or therapy that may help the person manage aspects of their thinking, emotions and behaviour that caused them to commit the offence (treatment needs). Finally, an FP assessment can advise on risk-management strategies that can be put in place to manage future risk. This can involve matters such as licence conditions to monitor and restrict behaviour, engagement with specific agencies to manage behaviour and needs, or ways to work with the individual to maximise their engagement and progress.

[1] Ministry of Justice, Proven re-offending statistics quarterly bulletin, England and Wales, January 2018 to March 2018