Report writing

Medico-Legal assessments are helpful and necessary in a number of situations. Typically, they are requested when an individual’s mental health and violent risk needs to be understood to help in complex decision making. This might include situations where a magistrate or judge needs to decide on an appropriate sentence for someone who has a history of mental health difficulties.

If you have been charged with a criminal offence, your lawyer may request a report if you are suspected of having a mental health condition or cognitive impairment. These assessments relate to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 in New South Wales, Australia. They are commonly used to divert clients who are suffering from mental illness away from criminal punishment to ensure they get the help and treatment that they need. Otherwise, your lawyer may request a pre-sentence report. These assessments are designed to better understand those factors that contributed to the offending and are often recommended when there are thought to be mitigating factors that may be helpful to consider when the magistrate or judge is deciding upon an appropriate sentence.

The Process

Medico-legal assessments take time to prepare and can be a very thorough. Before a quote is prepared, we require instructions or ‘terms of reference’ from a solicitor or barrister. Unfortunately, we are unable to prepare reports for those who are self-representing. Once the quote has been prepared and accepted, the following process is usually undertaken:

• A comprehensive clinical interview that includes exploring your childhood, adult life, current living arrangements, and the offending itself
• Administration of psychometric tests or questionnaires
• A file review that often includes police records, previous court documents, hospital records, and other relevant clinical records.
• Consultation with other professionals or service providers involved in your care.
• Report preparation

The Cost

You will be provided with a quote prior to commencing an assessment. It will depend on the complexity of the case and the ‘terms of reference’ provided by your solicitor or barrister. Please note that a 50% deposit is required prior to the clinical interview. The remaining 50% must be paid in full before the report is released to your legal team. In the case that the expert witness is required to attend court in person, further costs will be incurred. We accept legal aid referrals.