Psychological and psychiatric reports for court
When a report helps, what it needs to contain, who writes it, what it costs, and the two situations where it becomes a legal application rather than a document.
A psychological or psychiatric report is a formal assessment by a clinician, written for the court, that explains a condition and connects it to the offence and to the risk of reoffending. It is different from a treatment letter. It costs money and takes weeks, and it is worth it where a mental health condition genuinely explains the offending or where the court needs to understand a risk. Where the condition might found a section 14 mental health diversion, the report is the foundation of a legal application and needs a lawyer.
- Decide whether you need a treatment letter or a report; most first-offence matters need the letterSection 1 of this guide
- If a report, ask your GP for a referral to a forensic psychologist and allow four to six weeksSection 3 of this guide
- If a section 14 application is in view, get advice before commissioning anythingSection 5 of this guide
A section 14 mental health application is a legal proceeding with its own tests. The report is one part of it and the wrong report, or the right report used wrongly, can do harm. That is a lawyer's matter.
| Letter | Treating clinician, attendance and engagement, low cost |
| Report | Independent assessment, diagnosis, causal connection, risk, treatment plan; $1,500 to $4,000 |
| Who writes | Forensic psychologist or psychiatrist experienced in court reports |
| Time | Four to six weeks from referral |
| Section 14 | Mental health diversion; a legal application built on the report |
1Letter or report
The difference
A treatment letter says you are attending and engaging. A report is an expert opinion: it sets out the clinician's qualifications, the history taken, any testing done, a diagnosis if one is made, an opinion on whether the condition contributed to the offending and how, an assessment of the risk of reoffending, and a treatment recommendation. Courts give weight to reports that are independent, that address the questions the court actually has, and that do not overreach. They discount reports that read as advocacy.
Most first-offence, low-level matters do not need a report. They need a letter and a program. A report is for a matter where a condition explains the offence, where the offence is serious enough that the court will want an expert view on risk, or where diversion is being considered.
2When a report helps
Situations
Where there is a diagnosed condition, or a strong reason to suspect one, that bears on the offending: depression, anxiety, PTSD, a substance use disorder, ADHD, an intellectual disability, an acquired brain injury. Where the offence is out of character and unexplained without it. Where the court is considering a supervised order and needs to know what supervision should address. Where a section 14 application is contemplated. In each of these the report connects the condition to the conduct, and that connection is what changes the sentence.
3Who writes it and what it costs
Practical
A forensic psychologist or a psychiatrist who prepares reports for court regularly. Your GP can refer you; a lawyer will usually have a list. Ask, before you commit, how many court reports the clinician has prepared and whether they have given evidence. A report costs between about $1,500 and $4,000 depending on the clinician and the complexity, and takes four to six weeks from referral to delivery: an interview or two, sometimes testing, sometimes collateral information from family or records, then writing. Sentence may need to be adjourned to allow for it, and courts grant that adjournment readily where a report has been commissioned.
Costs vary
The figures above are indicative. Requires principal review before release.
4What the report must address
Content
The clinician should be briefed in writing with the facts sheet, your record, and the questions to be answered: whether there is a condition, whether and how it contributed to the offence, the risk of reoffending and what reduces it, and what treatment is recommended. A report that is asked the right questions answers them. A report commissioned with "can you write something for court" does not. This brief is a lawyer's document, and it is the main reason reports obtained without a lawyer disappoint.
Legal basis: Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A(3); Expert Witness Code of Conduct, Uniform Civil Procedure Rules 2005 (NSW) Schedule 7, applied to criminal reports by practice. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
5Section 14 mental health diversion
The application
Where a person has a mental health impairment or a cognitive impairment, the Local Court can, instead of sentencing, dismiss the charge and discharge the person into the care of a responsible person or on a treatment plan. The court weighs the nature of the impairment, the seriousness of the offence, the treatment available, whether the plan is realistic, and the community's interest. The report is the foundation, the treatment plan must be concrete and usually requires a treating clinician to confirm they will provide it, and the application is argued. It is not a self-representation pathway.
Legal basis: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 12 to 15. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
If a condition explains the offence, or section 14 is in view
Briefing the right clinician with the right questions, and deciding whether to seek diversion or use the report at sentence, are decisions that determine whether the report helps or hurts. A consultation with the lawyers who built Standard before commissioning a report is the right step.
Request a consultationGeneral information only, not legal advice. NSW-specific. Every matter turns on its own facts and laws can change. Reading this guide does not create a solicitor-client relationship between you and the lawyers who produced it.