Forensic Psychology and Medico-Legal Services

Introduction to Forensic Psychology and Medico-Legal Services

Forensic psychology practice is at the interface between psychology and the justice system. It involves the application of psychological principles and methods to the legal and criminal justice systems.

Practising in the forensic field Miguel works in a variety of roles, including assessing individuals going through the court system. His work often includes evaluating an individual’s mental state for legal purposes, assessing risk factors for reoffending, and determining competency to stand trial.

Psychological Assessment & Reports

Miguel delivers comprehensive medical legal reports for both civil and criminal cases. Offering services across Victoria, Miguel has over 25 years of experience in forensic assessment. He has prepared numerous medical-legal reports for legal proceedings in criminal and family law matters.

Psycho-legal assessments and reports aim to establish a psychological profile of the person to assist in understanding aspects of their behaviour, and to answer specific questions outlined in the referral.

A combination of direct observations, interviews assessments is used to gain insight into the individual’s cognitive abilities, psychological and emotional functioning, and to identify specific strengths or weaknesses. This information, along with psychometric testing, and collateral data, provides a comprehensive understanding of the client’s developmental trajectory previous psychological state-diagnosis contributing to an act before the court, current psychological functioning and prognosis.

Assessments are conducted using the most current evidence-based psychometric tools. These assessments typically take place over 2 to 6 sessions and can be conducted face-to-face as well as by phone or video link. Interviews with the individual’s significant others, and relevant professionals may also be included if necessary and appropriate.

Specifically a medico-legal report typically assesses the following information:

Personal and medical history: Background details including the individual’s personal life, medical history, and any relevant psychological or psychiatric history.
Presenting problem: The current issues or symptoms that led to the assessment, including the individual’s description of their difficulties.
Psychological evaluation: This may include the results from psychometric tests, cognitive assessments, and clinical interviews.
Diagnosis: If applicable, a formal diagnosis based on the psychological evaluation and relevant diagnostic criteria (e.g., DSM-5TR).
Impact of the condition: How the psychological or mental health condition affects the individual’s daily life, functioning, relationships, and work capacity.
Causality: An evaluation of whether the psychological condition is related to an incident, such as a criminal act, workplace injury, car accident, or traumatic event.
Prognosis: An assessment of the likely course of the condition, including expected recovery time and the potential for improvement or deterioration.
Treatment recommendations: Suggestions for ongoing psychological or psychiatric treatment, including therapy, counseling, or medications.
Fitness for work or legal competence: Assessment of the individual’s ability to return to work, perform job duties, or engage in legal proceedings.
10 Credibility and consistency of reports: A review of the individual’s reliability in reporting symptoms and how consistent these reports are with clinical findings.
11 Expert opinion: A professional judgment on the psychological aspects relevant to the legal case, including any relevant risks, such as future psychological harm.

These elements are tailored based on the context of the legal case and the specific protocols required by the commissioning body (e.g., Workcover, Justice system).

Types of Assessment and Reports

Suicide risk assessment
Diagnosis of psychopathology / mental health
Personality assessments
Victims of Crime Assessments
Medico-legal reports
Pre-sentencing report
Mental health applications including section 32 and section 14 assessment and reports
Violence risk assessment
Assessment of Malingering
Cognitive and intelligence testing for adolescents and adults
Personal Injury claims: Workcover and Transport Accident Commission

Victims of Crime

Victim of crime assessments are conducted for individuals who have experienced harm due to a crime. The assessment incorporates clinical interviews, psychometric testing, a review of relevant documentation (such as medical reports, evidence of income loss, police statements, etc.), and collateral interviews as needed.”

These assessments evaluate the extent of personal harm suffered, typically encompassing the emotional, physical, and financial impact of the event on the individual.

The goal of a victim of crime assessment is to explore how the negative experience has affected areas of the person’s life, including emotional well-being, social interactions, professional circumstances, and family dynamics. In addition, the assessment ascertains psycho-medical and other future needs of the victim.

Behaviour Modification Programs

Miguel, provides individual and group treatment programs targeting problem behaviours that have a negative impacted a person’s life, their relationships and or that has the individual facing the judicial system.

These include: Anger aggression and violence, sexual offending and alcohol and substance abuse.

Section 32 reports

A Section 32 report is a type of psychological or psychiatric assessment report prepared for the court under Section 32 of the Criminal Procedure Act 2009 (Victoria). This section allows a court to request a pre-sentence report that includes information about the mental health or cognitive functioning of the offender, with the aim of determining whether these factors have contributed to the offending behavior and should influence the sentencing decision.

Key Aspects of a Section 32 Report:

Mental Health Assessment: The report typically assesses the offender’s mental health, cognitive abilities, and any psychological or psychiatric conditions that may have influenced their actions or contributed to the offense.
Connection to Offense: It examines whether the offender’s mental health issues or cognitive impairments played a role in their criminal behavior, and how those issues may affect their risk of reoffending.
Treatment and Rehabilitation: The report may provide recommendations for treatment options, such as mental health care, counseling, or rehabilitation programs, which can be considered as part of sentencing.
Impact on Sentencing: The information in the Section 32 report helps the court decide whether alternative sentencing options—such as diversion, mental health treatment, or community orders—are more appropriate than traditional punitive measures like imprisonment.

Purpose of a Section 32 Report:

To give the court a more comprehensive understanding of the offender’s mental state and any contributing factors that may warrant a more lenient or therapeutic sentence.
To assist in determining whether the offender may benefit from mental health treatment or other rehabilitative programs as part of their sentence.
To provide an expert opinion on the likelihood of rehabilitation or recurrence of offending if the individual receives proper treatment.

When is a Section 32 Report Requested?

A Section 32 report is typically requested by the defense or the court when there is evidence that the offender’s mental health or cognitive impairments may have impacted their criminal behavior.
It may be used in both summary and indictable offenses when mental health is a relevant factor in sentencing considerations. In Victoria, the report plays a crucial role in ensuring that the sentencing process takes into account not only the nature of the offense but also the underlying mental health issues that may require intervention rather than punishment.

Psychological Reports for Section 14 applications

A psychological report supporting a Section 14 application focuses on providing evidence that the individual in question is suitable for the Diversion Program.

Section 14 of the Criminal Procedure Act 2009 (Victoria) allows eligible offenders, particularly those who have committed minor offenses, to avoid a formal criminal record by completing a diversion plan. A psychological report is critical in demonstrating how the offender’s psychological or mental health condition may have contributed to the offense and why diversion is a more appropriate response than formal sentencing.

Key Components of a Psychological Report Supporting a Section 14 Application:

Mental Health Assessment:
- The report typically includes an evaluation of the offender’s mental health condition, such as anxiety, depression, substance abuse, or cognitive impairments. It explores whether these conditions played a significant role in the behavior that led to the offense.
Connection to the Offense:
- It explains how the offender’s psychological state contributed to the criminal behavior. For example, if the offense occurred due to impulsivity related to a mental health condition, this would be highlighted to show a mitigating factor.
Treatment and Rehabilitation Needs:
- The report outlines treatment options that could address the underlying issues contributing to the offender’s behavior. This may include counseling, psychiatric treatment, or substance abuse rehabilitation. Recommendations for specific interventions are typically included.
Suitability for Diversion:
- The psychologist will assess whether the individual is likely to benefit from the Diversion Program, emphasising their commitment to rehabilitation and their potential for positive change. The report may include statements about the individual’s willingness to engage in treatment and to follow through on any diversion conditions.
Risk of Reoffending:
- The report may provide an assessment of the offender’s risk of reoffending if they receive the necessary support and interventions. A low risk of reoffending would strengthen the argument for diversion.
Conclusion and Recommendations:
- The psychologist typically concludes with a professional opinion on why diversion is a suitable alternative for this particular individual, based on their psychological profile and circumstances.

Purpose of the Report:

The goal of the psychological report in a Section 14 application is to show that the offender’s behavior can be addressed through mental health or rehabilitative interventions, reducing the need for a formal criminal process. This aligns with the diversion program’s focus on rehabilitation rather than punishment, especially for individuals whose offenses are linked to treatable mental health or behavioural issues.