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Dr Saal Seneviratne Expert Witness in Psychiatry

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UK Register of Expert Witnesses – Registered
UKRegister

Criminal Matters

Psychiatric expert reports for the criminal courts
Private & Legal Aid (LAA) instructions accepted

Stethoscope and judge's gavel – psychiatric expert evidence

Psychiatric Reports for the Criminal Courts

I provide psychiatric reports for defence solicitors and barristers, the CPS and the courts, in cases ranging from the magistrates’ court to the Crown Court. Reports are written in plain English, comply with Part 19 of the Criminal Procedure Rules, and set out clearly where my opinion begins and ends.

Mental Health Assessments

I now carry out many assessments by videolink with prisons, far more than I did five years ago. This avoids delays with prison visits and helps keep cases on track. The main rate-limiting step is usually getting access to the prison’s medical records and the defendant’s GP records. In many cases third-party information, for example from a family member, is especially valuable. The IDPC (initial details of the prosecution case) is another invaluable source when assessing the defendant’s mental state at the time of the alleged offence.

Fitness to Plead

This is one of my busiest areas of work. Beyond the Pritchard criteria, a key question is whether the defendant can participate meaningfully in their trial: following evidence, instructing their lawyers, and giving evidence themselves.

Unfitness to plead is, more often than not, reversible or temporary. If the court and the CPS know that, it is less likely that the CPS will commission its own report and slow down proceedings. However, defendants on bail may not seek treatment, and in some areas the NHS cannot provide a pathway of care, so defendants may return to court untreated. My reports address this directly, with practical recommendations on treatment and on the likely timescale for recovery.

Mitigation & Sentencing

My opinions on mitigation always refer to the Sentencing Council’s guideline on sentencing offenders with mental disorders, developmental disorders or neurological impairments. The report addresses the defendant’s mental health, its relevance to the offence, and its potential impact on culpability and sentence. Probation often want to see the report before preparing the pre-sentence report (PSR).

The aim is to present the mitigating factors that help the court assess the defendant’s culpability and arrive at a fair and proportionate sentence. Where relevant, I also comment on treatment options, including whether a community order with a mental health treatment requirement, or a hospital order under the Mental Health Act 1983, may be appropriate.

ADHD and Trauma

Adult ADHD is often undiagnosed, and it is over-represented among people in the criminal justice system. Impulsivity, poor concentration and difficulty following complex proceedings can be relevant to the offence, to the defendant’s ability to participate in their trial, and to mitigation. My reports consider whether ADHD is present, how it affected the defendant’s behaviour and decision-making, and what treatment or adjustments would help, both in court and afterwards.

Many defendants have histories of significant trauma. Complex PTSD (cPTSD) in particular, which typically follows prolonged or repeated trauma such as childhood abuse, domestic abuse, or exploitation, can affect how a person reacts under threat, how they give evidence, and how they engage with professionals. I take a trauma-focused approach to assessment, and my reports explain the clinical picture in plain English, so the court can understand its relevance to culpability, vulnerability and sentence.

What I Can Report On

  • Fitness to plead and stand trial
  • Mental state at the time of the offence
  • Diminished responsibility
  • Mitigation and sentencing
  • Mental health treatment requirements
  • Mental Health Act disposals
  • Risk assessment
  • Vulnerability, including the need for special measures or an intermediary
  • ADHD in adults, including previously undiagnosed ADHD
  • Trauma-focused assessments, including PTSD and complex PTSD (cPTSD)

How to Instruct Me

Call or email for a no-cost initial discussion about the case and whether a psychiatric report is likely to help. I’ll need the letter of instruction, the IDPC or case papers, and consent to obtain medical records. Reports are typically completed within one week, and urgent same-day assessments are available when the court cannot be kept waiting.

Frequently Asked Questions

Do you accept Legal Aid instructions?
Yes. I accept both privately funded and Legal Aid Agency (LAA) instructions.

Can the assessment be done remotely?
Yes. Most assessments of defendants in custody take place by prison videolink. Defendants on bail can be seen in person at my consulting rooms in central London, or online.

How long does a report take?
Typically one week. The biggest factor is usually how quickly medical records arrive, so it helps to request them at the point of instruction.

Is unfitness to plead permanent?
Often not. Many defendants become fit to plead with appropriate treatment, and my report will say whether recovery is likely and over what timescale.