Forensic psychiatry

Author(s):  
Paul Harrison ◽  
Philip Cowen ◽  
Tom Burns ◽  
Mina Fazel

‘Forensic psychiatry’ describes the branch of psychiatry concerned with the diagnosis and treatment of mentally disordered offenders, but also refers to all legal aspects of psychiatric practice, including the use of civil law. This chapter outlines current thinking in criminology and the causes of crime. It focuses on the association between mental disorder and crime, specific offender groups and the psychiatric aspects of specific crimes. It also explores psychiatric aspects of being a victim of crime. It covers the role of the psychiatrist in the criminal courts and the treatment of mentally disordered offenders and the management of violence in a range of health care settings. Lastly, it covers the status of risk assessment and the principles of preparing a psychiatric report for the courts.

Author(s):  
David Semple ◽  
Roger Smyth

Covering the role of the psychiatrist in forensic situations, from participation in the criminal justice system and legal definitions of crime (including homicide, violence, and sexual offences) to the relationship between mental disorders and offending, this chapter addresses secure hospitals and units, police and court liaison, and the role of the prison psychiatry. Legal provisions and how to give evidence in court are described, and an overview of pathways through the criminal health and justice system for mentally disordered offenders is provided. Fitness to plead and criminal responsibility are both explained.


1988 ◽  
Vol 28 (4) ◽  
pp. 329-335 ◽  
Author(s):  
M. Green Christopher ◽  
Laurence J. Naismith

ABSTRACT: An outline is presented of the development and practice of forensic psychiatry, including relevant legal aspects, in Canada, in comparison to the English system. It is written by two English-trained psychiatrists, who have provided forensic services in both Canada and England. Canadian forensic psychiatry is portrayed as having a greater medico-legal emphasis than at present in England, with a continuing dependence on the insanity verdict for seriously mentally disordered offenders. Canadian forensic psychiatric institutions are often attached to the correctional system, whereas in England they are under the Department of Health. Within this framework, the article elaborates upon clinical and medico-legal differences.


2003 ◽  
Vol 27 (03) ◽  
pp. 105-107 ◽  
Author(s):  
D. Nelson

The development of forensic psychiatry provision in Scotland lags behind that in other parts of the United Kingdom. Until recently, there were no medium secure units in the country and mentally disordered offenders (MDOs) requiring such care had to be managed in intensive psychiatric care unit (IPCU) settings. In November 2000, The Orchard Clinic, a medium secure unit sited at the Royal Edinburgh Hospital, was opened. This paper discusses the background to this development, the government policies setting out plans for the care, services and support of MDOs in Scotland, progress and work of the new unit to date and plans for developments in other parts of Scotland.


2003 ◽  
Vol 27 (3) ◽  
pp. 105-107 ◽  
Author(s):  
D. Nelson

The development of forensic psychiatry provision in Scotland lags behind that in other parts of the United Kingdom. Until recently, there were no medium secure units in the country and mentally disordered offenders (MDOs) requiring such care had to be managed in intensive psychiatric care unit (IPCU) settings. In November 2000, The Orchard Clinic, a medium secure unit sited at the Royal Edinburgh Hospital, was opened. This paper discusses the background to this development, the government policies setting out plans for the care, services and support of MDOs in Scotland, progress and work of the new unit to date and plans for developments in other parts of Scotland.


2018 ◽  
Vol 51 ◽  
pp. 58-73 ◽  
Author(s):  
Birgit A. Völlm ◽  
Martin Clarke ◽  
Vicenç Tort Herrando ◽  
Allan O. Seppänen ◽  
Paweł Gosek ◽  
...  

AbstractForensic psychiatry in Europe is a specialty primarily concerned with individuals who have either offended or present a risk of doing so, and who also suffer from a psychiatric condition. These mentally disordered offenders (MDOs) are often cared for in secure psychiatric environments or prisons. In this guidance paper we first present an overview of the field of forensic psychiatry from a European perspective. We then present a review of the literature summarising the evidence on the assessment and treatment of MDOs under the following headings: The forensic psychiatrist as expert witness, risk, treatment settings for mentally disordered offenders, and what works for MDOs. We undertook a rapid review of the literature with search terms related to: forensic psychiatry, review articles, randomised controlled trials and best practice. We searched the Medline, Embase, PsycINFO, and Cochrane library databases from 2000 onwards for adult groups only. We scrutinised publications for additional relevant literature, and searched the websites of relevant professional organisations for policies, statements or guidance of interest. We present the findings of the scientific literature as well as recommendations for best practice drawing additionally from the guidance documents identified. We found that the evidence base for forensic-psychiatric practice is weak though there is some evidence to suggest that psychiatric care produces better outcomes than criminal justice detention only. Practitioners need to follow general psychiatric guidance as well as that for offenders, adapted for the complex needs of this patient group, paying particular attention to long-term detention and ethical issues.


2007 ◽  
Vol 31 (11) ◽  
pp. 421-424 ◽  
Author(s):  
Harvey Gordon ◽  
Per Lindqvist

The European Union now includes 27 member states. The Council of Europe stretches even further with 45 member states. A comprehensive definition of Europe geographically embraces all of Eastern Europe, including the western part of Russia and the western part of Turkey. Increasing mobility and national cooperation within Europe requires enhancing mutual knowledge and understanding of the context of evaluation and treatment of mentally disordered offenders and similar individuals who manifest antisocial behaviour and violence. A recent study confined to the previous 15 member states of the European Union provides a useful baseline for subsequent European comparisons (Salize & Dressing, 2005).


2015 ◽  
Vol 21 (4) ◽  
pp. 273-280 ◽  
Author(s):  
Rebekah Bourne ◽  
Rachna Rajput ◽  
Richard Field

SummaryA significant proportion of individuals in contact with probation services have mental health problems. Joint working between psychiatrists and probation is crucial to both diversion and resettlement of offenders with mental health conditions. In England and Wales, probation services are involved in the supervision and management of offenders if they receive a suspended or community sentence, or when they are released into the community on licence after serving a determinate, extended or life sentence. This article aims to promote awareness of joint working between probation and mental health services and the role of approved premises. It also describes a successful example of such joint working at Elliott House, approved premises for mentally disordered offenders in Birmingham, UK.


Author(s):  
Svitlana Hretsa

The article highlights the legal aspects of using the tax lien as a means to ensure the constitutional obligation to pay taxes andfees. The focus is on the importance of proper implementation of constitutional obligations for the protection of human rights and theperformance of state functions. An important place for tax liability in the system of constitutional obligations has been identified. Themain ways of ensuring the fulfillment of the tax obligation have been revealed and the key role of such a way as tax lien has beenemphasized. The concept of tax lien is defined and the history of formation of this institution in the legislation of Ukraine is revealed.The grounds for the emergence of the right of tax lien, the peculiarities of its documentation (registration) is presented. The status andpowers of the tax manager about the description of the property in the tax lien, checks of its condition, etc. are determined. The articledescribes the legal consequences of non-compliance with the legal requirements of the tax manager, in particular the suspension in courtof expenditure transactions on bank accounts, and in some cases - the use of administrative seizure of property. The author disclosesthe legal regime of property that is in tax lien, the scope of taxpayers’ rights to use it, the content of legislative restrictions on the possibilityof disposing of such property, the procedure for coordinating transactions with mortgage assets. The legal grounds for terminationof the right of tax lien are indicated. The legal mechanism of realization of the right of the tax pledge, the order and sequence ofthe address of collecting on the pledged property is described. The author revealed the shortcomings of the legislation, in particular thelong nature of the recovery in court. Proposals have been made to improve the legal regulation of the tax lien to increase the effectivenessof this instrument to ensure proper implementation of the constitutional obligation to pay taxes. In particular, it is proposed to providethe possibility of extrajudicial recovery of property that is in tax lien when the taxpayer has given written consent.


2021 ◽  
Vol 30 (4) ◽  
pp. 155-171
Author(s):  
Mikhail Mityukov

The modernisation of the Constitutional Court of the Russian Federation in 1993–2000 was a result of the political and legal transformations of the 1990s, and the period of its procedural inaction for a year and a half was by no means time lost. It was used to prepare a new law for the Constitutional Court, which was largely prepared by the Court itself and accompanied by disputes with the State Legal Department of the Russian Federation’s president and various factions of the State Duma of the first assembly (LDPR, KPRF). Discussions were primarily held about the status of the Constitutional Court, such as the Court’s term in office, as well as its number of members, which greatly determined the effectiveness of the future “second” Constitutional Court of the 1993–1995 model and its internal structure. Filling the Constitutional Court’s six vacant seats as defined by the 1993 Constitution was not carried out by electing judges as in the previous legislation, but instead by appointing them to each of the chambers on the suggestion of the head of state. This predetermined an acute political struggle, primarily to establish the procedure for selecting candidates for judicial positions and determining the role of the president in each chamber of the Federal Assembly, the State Duma factions, legal institutions, and scientific communities of legal scholars. The independent “game” of each of these elements delayed the process of starting a functioning Constitutional Court for many months, but the democratic procedure for electing the courts’ heads allowed the issue to resolve without delay.


Author(s):  
David Semple ◽  
Roger Smyth

Practising psychiatrists must be familiar with the laws in their country relating to mental health. Five broad areas of interest include common law as it relates to medical treatment decisions, the law in relation to incapable adults, regulations around the treatment of patients with a mental disorder, confidentiality, and criminal law in relation to mentally disordered offenders. This chapter, in conjunction with the chapter on forensic psychiatry, provides the background of Mental Health Acts across the British Isles.


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