Forensic Psychologist Expert Witness Reports for Sentencing | Independent Assessments of Mental Health and Risk for Court

Forensic psychological assessments are increasingly recognised as a valuable resource in criminal proceedings, particularly at the point of sentencing. These reports can offer the court a structured and clinically-informed perspective on an individual’s mental health, neurodevelopmental profile, and relevant life experiences. Where appropriate, they also explore future risk and the potential for change.

At the Forensic Psychology Clinic, we are regularly instructed by legal professionals to provide independent psychological assessments for sentencing purposes. This article outlines when and why such assessments may be considered, what the process involves, and how psychological evidence can support the court in arriving at fair, proportionate decisions.

What Is a Sentencing Report?

A sentencing report is a type of forensic psychological assessment prepared to inform the court’s decision at the sentencing stage of criminal proceedings. Its purpose is to provide an independent, evidence-based analysis of psychological factors that may be relevant to the case.

This might include:

• Mental health diagnoses, past or present

• Neurodevelopmental conditions such as autism and ADHD

• The impact of early trauma, abuse, or neglect

• Cognitive or intellectual difficulties that may affect understanding or decision-making

• A formulation linking psychological factors to the offence

• Structured risk assessment

  
  

The psychologist’s role is not to offer an opinion on guilt or innocence, nor to advocate for a specific sentence. Rather, the assessment provides clinically grounded information to help the court understand the individual in context, supporting sentencing that takes account of relevant psychological considerations.

When Might a Report Be Useful?

There are a range of circumstances in which a psychological report may be helpful at sentencing. These include, but are not limited to:

• Mental illness at the time of the offence or currently: For example, if there is evidence of depression, psychosis, PTSD, or other conditions that may have impaired decision-making or contributed to behaviour.

• Suspected or confirmed neurodevelopmental difficulties: Autism spectrum disorder or ADHD can influence the way a person understands and responds to situations. These factors may not always have been formally identified before.

• Trauma histories: Many individuals have experienced significant adverse life experiences, such as abuse, neglect, or exposure to violence. A report can help the court understand how these experiences have shaped psychological functioning and behaviour.

• Cognitive or language difficulties: Some individuals may struggle with abstract reasoning, planning, or comprehension, particularly in stressful situations. These issues can affect their level of culpability or insight.

• Psychological vulnerability: Issues such as impulsivity, poor emotional regulation, or low self-esteem may also be relevant in understanding the context of offending behaviour.

• Risk and rehabilitation: In certain cases, the court may also need to understand the individual’s current risk of harm to others and what kinds of interventions or settings may help manage or reduce that risk.

  
  

These issues are complex, and often not easily captured in legal documentation or oral evidence alone. A psychological report can provide a structured, accessible explanation of how mental health and developmental factors interact with behaviour, risk, and rehabilitation potential.

Sentencing and Mitigation

Under the Sentencing Council guidelines, courts are required to consider both aggravating and mitigating factors when determining sentence. Psychological issues may be relevant to mitigation in several ways.

For example:

• A mental disorder may reduce the level of culpability

• A condition may have impaired the individual’s capacity to make rational decisions or regulate behaviour

• Background trauma or adversity may provide relevant context for understanding emotional and behavioural difficulties

• If the individual is motivated to engage in treatment or rehabilitation, this may be relevant to sentence planning

  
  

Psychological evidence does not remove responsibility for offending behaviour, but it may explain the factors that contributed to it and help the court decide what kind of sentence is most appropriate and proportionate in light of the wider context.

Risk Assessment

In some cases, particularly where there are concerns about public protection or future harm, the court may seek an expert opinion on risk. A psychological assessment may include structured risk evaluation using validated tools such as:

• HCR-20 (to assess risk of future general violence)

• RSVP (to assess risk of future sexual violence)

• SARA (to assess risk of future intimate partner violence)

  
  

These tools allow psychologists to analyse risk in a structured, transparent manner, including dynamic (changeable) and static (historical) factors. The assessment also considers protective factors and provides recommendations for how risk might be managed in custody or in the community.

Risk assessments are not about predicting the future, but rather about helping the court understand the nature of any ongoing concerns and what interventions might be necessary or effective.

The Assessment Process

Once instructed by a legal professional, we begin by reviewing all relevant case materials, including any previous assessments, medical records, and legal documentation. We then conduct a clinical interview with the individual, either in person or remotely depending on the setting.

The assessment may include:

• Clinical interviews exploring psychological history, personal background, and current presentation

• Cognitive screening or standardised psychological tests (where relevant)

• Review of relevant third-party information (e.g. GP records, psychiatric reports)

• Risk assessments

  
  

The final report is written clearly and accessibly, with a focus on:

• Giving context to the offence (by a full and detailed history)

• The psychological formulation (how various factors have influenced behaviour)

• Diagnostic considerations (where relevant)

• Recommendations for treatment

• Considering various sentencing options available from a psychological perspective

  
  

All reports are prepared in line with HCPC and BPS standards, with a clear focus on supporting the court’s understanding of the case.

Independent, Objective, and Neutral

As psychologists, we are independent experts. Our responsibility is to the court, not to any party in the proceedings. This is crucial to the integrity of our work. We do not advocate for specific outcomes, but we do provide balanced, evidence-informed opinions grounded in clinical expertise.

We understand that many individuals referred for assessment may never have spoken about their psychological difficulties before, or may feel anxious about the process. We take care to approach assessments with respect, clarity, and a trauma-informed mindset, while maintaining our professional independence.

How to Instruct

We accept instructions from legal professionals involved in criminal proceedings. We do not accept instructions directly from individuals or their families.

If you are a solicitor or legal professional considering a report, we are happy to provide:

• Advice on the suitability of a psychological report

• Guidance on the scope of assessment and timescales

• Costings and availability

• A full CV for the instructed psychologist

To make an enquiry or referral, please use our contact form or email us directly.

Final Thoughts

Sentencing decisions often involve complex human stories. Psychological assessments can provide the court with a structured understanding of the factors that have shaped a person’s behaviour, their current needs, and their future potential. This information can be vital in helping the court reach decisions that are proportionate, informed, and fair.

If you are a legal professional working with a client who may benefit from a forensic psychological report, or if you have questions about how we can assist, please don’t hesitate to get in touch.

Dr Jenny Hopton

Clinical Director

Forensic Psychology Clinic

www.forensicpsychologyclinic.co.uk