Articles for tag: detention, duties, expert, expert witness, GMC, law, liberty, MHA, professional witness, standards, tribunal

Misleading a Tribunal: Legal, Ethical and Clinical Lessons from JB v Elysium Healthcare

The decision in JB v Elysium Healthcare & Secretary of State for Justice [2025] UKUT 9 (AAC) highlights the serious consequences that can follow when inaccurate and misleading evidence is presented in Mental Health Tribunal proceedings. The case raises important considerations for psychiatrists, legal representatives, and Tribunal members alike—particularly regarding the interpretation of “appropriate treatment” and the threshold for determining that such treatment is available. JB detained under the MHA 1983, challenged the First-tier Tribunal’s (FTT) decision to uphold his ...

The Privileges, Roles, and Duties of an Expert Witness for UK Psychiatrists

Part 1: Defining the Role in Legal Proceedings Introduction The role of the expert witness is frequently misunderstood. Contrary to certain portrayals in American media, which often depict expert witnesses as partisan advocates, expert witnesses within the UK legal system bear an overriding duty to the court itself. This fundamental distinction is crucial for a comprehensive understanding of the function and obligations of expert witnesses within the UK legal framework. Expert witnesses are individuals possessing specialised knowledge and expertise within ...

What is forensic psychiatry?

Forensic psychiatry in the UK is a specialised branch of psychiatry – which is a medical discipline – that interfaces with the legal system. It focuses on the assessment and treatment of individuals with mental health disorders who have come into contact with the criminal justice system. To understand ‘what is forensic psychiatry’ one also has to understand ”what is psychiatry“. The latter will be a separate publication. ‘General Psychiatry‘ is touched on only briefly in this article. Forensic psychiatrists ...