MedicoLegal Psychiatry
Psychiatric reports for plea hearings
Australia’s leading MedicoLegal service provider
Trusted for Over 20 Years.
At MedicoLegal Psychiatry, we specialise in the intersection of law and mental health. Our specialist psychiatrists provide detailed, independent opinions to support civil and criminal proceedings and have experience across government, insurance, and private legal sectors.
Cases
Psychiatrists
Our Criminal Expertise
Our team of Forensic Psychiatrists are experienced in Section 14 diversion, fitness, mental health mitigation, mental health defense matters and other criminal court processes. Our specialists have worked in the correctional system and are experienced in the provision of reports and verbal expert evidence to courts and tribunals. We can undertake assessments for incarcerated clients remotely or in person if preferred.
Fitness to plea
“Fitness to plead” or “fitness to stand trial” refers to a person’s mental capacity to understand the court proceedings and participate in the court process. A defendant is considered unfit to plead if a mental condition prevents them from understanding their charges or participate in the court process or their defence.
Mitigation
Mental illness mitigation relies on demonstrating that an offender’s mental health condition played a role in the offence. This may influence the type of sentence, the conditions under which the sentence is served or the length of the sentence. It may also take into account the potential harm of incarceration on the person’s mental health.
Mental Illness Defence
A mental illness defence (or mental impairment defence) may apply if, at the time of the offense the accused was suffering a mental condition which prevented them from understanding what they were doing, or from knowing it was wrong. If successful, the defendant will be found not guilty by reason of mental impairment.
Mental Health Diversion (Section 14/ Section 21a)
Australian criminal law refers allows a Court to divert individuals with a mental health condition away from the court system and towards treatment. Theis typically required a comprehensive assessment to consider the relevant legislation and may include creating a treatment plan which the Court may include as a condition of the diversion.
Fitness to instruct counsel
An assessment of an individual’s fitness to instruct counsel is required where there is doubt if the person can meet certain minimum standards to participate in the legal process. A person is considered unfit if there are symptoms of mental illness which prevent adequate communicate with a solicitor.
Need a trusted medicolegal partner?
Meet the experts behind complex cases.
Dr Tolulope Fajumi
Dr Joshua Flavell
Dr Atsumi Fukui
Dr Steven Michael Yeates
Dr Kiran Nair
Dr Kirsty MacDonald
BMed, FRANZCP, MFMH, Cert. Forensic Psych
Dr Shelley Xia
Dr Matthew Jones
Dr Samson Roberts
Dr Glen Smith
Dr Samuel Lim
Dr. Alexey Sidorov
“I am always impressed with the service and reports provided by Dr Roberts and his team. Nothing is too difficult and his team are always such a pleasure to work with.”
– Janice
Frequently Asked Questions
What type of matters do you provide reports for?
We undertake assessments and provide reports for both criminal and civil matters
including Section 14, fitness to plea, medical negligence, historical institutional
abuse, workers compensation and much more.
Do you conduct assessments via video?
Yes, video assessments are possible when required and appropriate. Our team can
provide you with the requirements for a successful telehealth assessment.
What if my client is incarcerated?
Our psychiatrists routinely undertake assessments of incarcerated clients within
correctional facilities Australia wide, as well as detention centres and forensic
hospitals.
Are your psychiatrists experienced in giving evidence in court?
Yes, our psychiatrists are experienced in providing oral evidence and being cross
examined in court and tribunal matters. This service is available upon request.
What is the usual turn around time for a report?
The average turn around time for a report is 15 working days from the assessment.
This may be influenced by the complexity of the matter and the volume of reading
material provided. Our team would be pleased discuss any timeline requirements you
may have.
How do I arrange for my client to be assessed and have a medicolegal report prepared?
You can contact our office via the booking links on our website and here, email
info@mlp.com.au or call our offices on 02 8339 2050 or 03 8594 2223.
What information does the psychiatrist need prior to the assessment?
A minimum of two weeks prior to the assessment, the psychiatrist will need:
- A comprehensive letter of instruction outlining the circumstances and including
the legal questions to be addressed - Relevant psychiatric and legal documents
- Any previous psychiatrically relevant expert reports if available
How much does an assessment and medicolegal report cost?
Fees will vary depending on the type of matter, volume of reading material provided
and complexity. Contact our offices to discuss your matter and obtaining a quote.
Do you see people for treatment?
Unfortunately our psychiatrists are not able to provide treatment for your client. They
provide independent expert assessments and reports only.