The College
for a careful investigation of developmental psycho-
pathology following abuse, which investigation will
surely reveal the complexity of vulnerability and risk
factors, age and personality influences, which have
characterised research into the consequences of other
severe stresses in childhood. As we streamed out into
207
London, I imagine that most of us felt somewhat
reassured and empowered by the day.
J. GREEN
Tutor in Child & Adolescent Psychiatry
Royal Manchester Children 's Hospital
Swinton, Manchester
Psychiatry and Court procedures
This report was produced by the Irish Division in
response to a request from the Medical Council. It
has been approved by the Executive Committee and
the general body of the Irish Division. It has also
been submitted and approved by the Executive
and Finance Committee of the Royal College of
Psychiatrists.
There are two main areas of psychiatric involvement
in the legal process:
(a) Psychiatrists may be asked to examine individuals
and to formulate professional opinion for legal
purposes.
(b) Psychiatrists may be asked to attend court as
expert witnesses. Technically the evidence in court
can be divided into the witnessing of facts and the
delivery of expert opinion but such separation does
not arise in practice.
(The non-expert witness is
simply a witness of fact).
Psychiatry can be of value in both criminal and
civil cases.
Civil cases. Civil cases include personal injury and
mal-practice actions. Psychiatric testimony is often
requested in family law cases involving child custody
and access following marital breakdown. Finally psy
chiatrists may be asked for advice on testamentary
capacity.
Criminal issues. Advice may be sought on "fitness to
plead". To satisfy the fitness criteria the accused
must be able to understand the nature of the charges
against him and to be able to co-operate in his own
defence. This obviously
includes a capacity
to
instruct his legal advisers and to assist, if necessary,
in the selection of jurors and to understand
the
evidence produce