Expert Witness Journal Issue 64 December 2025 - Flipbook - Page 63
Forensic Psychiatry Experts: Navigating
Complexities in the Legal System
by Forensic Access
Forensic psychiatry plays a crucial role in the criminal
justice system, bridging the gap between law and
mental health. As legal professionals increasingly
encounter cases involving mental health issues,
the insights provided by forensic psychiatrists have
become indispensable. These experts not only assess
the mental state of defendants but also provide the
courts with informed guidance on matters ranging
from 昀椀tness to plead to sentencing considerations.
On the other hand, psychologists typically hold a
degree in psychology and specialise in various 昀椀elds
such as clinical, forensic, or occupational psychology.
Registered with the British Psychological Society
(BPS), psychologists focus on therapeutic treatments
and the study of behaviour, often utilising
psychological interventions rather than medical
treatments. This distinction can be crucial in legal
cases, where it is vital to instruct an expert who has
the appropriate quali昀椀cations for the speci昀椀c issues
at hand.
Understanding the nuances of forensic psychiatry
is essential for those working within the legal
system. Knowing how to properly instruct forensic
psychiatrists and what to expect from their expertise
can signi昀椀cantly impact case outcomes.
In recent years, cases have highlighted the need for
courts to ensure they are appointing experts with
the right mix of practical and academic experience.
As Dr McAllister points out, the di昀昀erence between
psychologists who are experienced practitioners
and those who are primarily researchers can have
signi昀椀cant implications in court. Legal professionals
must instruct experts who combine academic
knowledge with real-world experience as well as
continued professional development in both their
clinical practice and their role as an expert witness.
This article is drawn from our latest webinar
featuring Dr Peter McAllister, a Consultant
Psychiatrist with over two decades of experience.
During the session, Dr McAllister o昀昀ered valuable
insights into the role of forensic psychiatrists and
shared practical advice for legal professionals when
working with an expert witness.
Understanding the Di昀昀erence Between a
Psychiatrist and a Psychologist
Selecting the Right Forensic Expert
Instructing the correct expert is not always
straightforward, especially within the complex and
specialised 昀椀eld of forensic psychiatry. Psychiatry,
like medicine, has multiple subspecialties, each
addressing di昀昀erent areas of mental health. For
example, forensic psychiatrists may specialise
in areas such as child and adolescent psychiatry,
learning disabilities, or addiction, and choosing
an expert outside their specialty could weaken the
integrity of their opinion in court.
One of the most frequent sources of confusion in the
legal 昀椀eld is the distinction between psychiatrists
and psychologists, both of whom can serve as an
expert witness but with di昀昀erent quali昀椀cations and
roles. A psychiatrist, as Dr McAllister clari昀椀es, is a
medically trained doctor, licensed by the General
Medical Council (GMC), who specialises in the
diagnosis and treatment of mental disorders. They
have the authority to prescribe medications and
often work within a medical-legal framework to
assess individuals with mental health disorders in
legal contexts. Psychiatrists also have the ability
to recommend compulsory treatment under the
Mental Health Act, a critical aspect of their role in
forensic cases.
EXPERT WITNESS JOURNAL
Dr McAllister draws an analogy to medical practice:
just as you wouldn’t consult a hand surgeon for a
hearing loss case, legal professionals must ensure
they are instructing the right type of forensic
psychiatrist. The expertise of forensic psychiatrists
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DECEMBER/JANUARY 2025-2026
