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//-->forensicPsychiatryclinical, legal and ethical issuesEdited byJohn GunnPamela J TaylorSecond EditionBoca Raton London New YorkCRC Press is an imprint of theTaylor & Francis Group, aninformabusinessCRC PressTaylor & Francis Group6000 Broken Sound Parkway NW, Suite 300Boca Raton, FL 33487-2742© 2014 by Taylor & Francis Group, LLCCRC Press is an imprint of Taylor & Francis Group, an Informa businessNo claim to original U.S. Government worksVersion Date: 20131004International Standard Book Number-13: 978-1-4441-6506-7 (eBook - PDF)This book contains information obtained from authentic and highly regarded sources. While all reasonable efforts have been made to publish reli-able data and information, neither the author[s] nor the publisher can accept any legal responsibility or liability for any errors or omissions thatmay be made. The publishers wish to make clear that any views or opinions expressed in this book by individual editors, authors or contributors arepersonal to them and do not necessarily reflect the views/opinions of the publishers. The information or guidance contained in this book is intendedfor use by medical, scientific or health-care professionals and is provided strictly as a supplement to the medical or other professional’s own judge-ment, their knowledge of the patient’s medical history, relevant manufacturer’s instructions and the appropriate best practice guidelines. Because ofthe rapid advances in medical science, any information or advice on dosages, procedures or diagnoses should be independently verified. The readeris strongly urged to consult the drug companies’ printed instructions, and their websites, before administering any of the drugs recommended inthis book. This book does not indicate whether a particular treatment is appropriate or suitable for a particular individual. Ultimately it is the soleresponsibility of the medical professional to make his or her own professional judgements, so as to advise and treat patients appropriately. Theauthors and publishers have also attempted to trace the copyright holders of all material reproduced in this publication and apologize to copyrightholders if permission to publish in this form has not been obtained. If any copyright material has not been acknowledged please write and let usknow so we may rectify in any future reprint.Except as permitted under U.S. Copyright Law, no part of this book may be reprinted, reproduced, transmitted, or utilized in any form by any elec-tronic, mechanical, or other means, now known or hereafter invented, including photocopying, microfilming, and recording, or in any informationstorage or retrieval system, without written permission from the publishers.For permission to photocopy or use material electronically from this work, please accesswww.copyright.com(http://www.copyright.com/) or con-tact the Copyright Clearance Center, Inc. (CCC), 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400. CCC is a not-for-profit organization thatprovides licenses and registration for a variety of users. For organizations that have been granted a photocopy license by the CCC, a separate systemof payment has been arranged.Trademark Notice:Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanationwithout intent to infringe.Visit the Taylor & Francis Web site athttp://www.taylorandfrancis.comand the CRC Press Web site athttp://www.crcpress.comContentsList of ContributorsAcknowledgementsPrefaceLegislationList of Abbreviations1IntroductionForensic psychiatryA victim-centred approachContextMedical languageAchieving the knowledge and skillsFurther enquiryixxxiiixxvixxxixxxiii123716171820202048505356575760617786871011031051051061101121121131142Criminal and civil law for the psychiatrist in England and WalesCommon law and civil or Roman lawEuropean courtsCourt structure, England and WalesCriminal law in England and WalesAgencies of the lawCivil lawThe Coroner’s court3Mental health and capacity laws including their administering bodiesPreambleHuman rights legislationHistorical backgroundMental capacityMental Health Act 1983 amended by the Mental Health Act 2007Mental Capacity Act 2005 (MCA)4Legal arrangements in the rest of the British Isles and IslandsPreambleScotlandNorthern IrelandMilitary law in the United KingdomIsle of ManChannel IslandsRepublic of IrelandConcluding comments5Forensic psychiatry and its interfaces outside the UK and IrelandThe scope and limits of the comparative approachThe scope and limits of this chapterNational, subnational and supranational legal structuresControversial issues and shifts in public and professional opinionsContentsForensic mental health (FMH) services and interventions under criminal and civil law:Germany and the USAForensic psychiatric services and interventions under criminal and civil law:The Nine Nations (SWANZDSAJCS) StudySpecialist recognition in europe and swanzdsajcs countriesResearch in forensic psychiatry, psychology and allied professionsIllustrative casesConclusionsFurther reading1161251411431441461461481531581651681701721721731791811846Psychiatric reports for legal purposes in England and WalesThe forum of the court: Background issuesConstructing a reportThe use of reports in criminal proceedingsCivil mattersExamples of other documents which may be consulted7The psychosocial milieu of the offenderIntroductionMeasurement and epidemiologyThe natural history of offendingFactors associated with delinquency and offendingExplaining the development of offendingImplications for preventionConclusions8Genetic influences on antisocial behaviour, problem substance use andschizophrenia: evidence from quantitative genetic and moleculargenetic studiesIntroductionBasic geneticsGenetic studyThe genetics of antisocial behaviour, problem substance use and schizophreniaConclusions1861861871952102112172292442522522532562649ViolenceTheoretical backgroundViolence as a health issueCrimes of violence10Disordered and offensive sexual behaviourSex offending, sexual deviance and paraphiliaSex offending by females and adolescentsPsychiatric questionsRisk assessmentSex offender treatmentTreatment or controlivContents11The majority of crime: theft, motoring and criminal damage (including arson)IntroductionRecording of crimeAcquisitive offendingCriminal damageArsonMotoring offencesOverview26626826927227227727928328428929229730631231431531531631731932432432632832933033133333433634134534835412Disorders of brain structure and function and crimeExpectations and advances: Conceptualization and measurement of brain structureEpilepsy in relation to offendingSleep disordersAmnesia and offendingBrain imaging studies as a route to understanding violent and criminal behaviourSerotonergic function in aggressive and impulsive behaviour: Research findings andtreatment implicationsImplications of current knowledge of brain structure and function for forensic mentalhealth practice and research13Offenders with intellectual disabilitiesClinical and legislative definitionsPeople with intellectual disability detained in secure health service facilities in the UKCrime and people with intellectual disabilitiesTheories of offending applied to people with intellectual disabilitiesOffenders with intellectual disabilities and additional diagnosesGenetic disorders, intellectual disability and offending: Genotypes and behavioural phenotypesAlcohol and substance misuseCare pathways for offenders with intellectual disabilitiesAssessment and treatment of anger and aggressionAssessment and treatment of sexually aggressive behaviour among people withintellectual disabilityFire-setting behaviour among people with intellectual disabilityAssessment and management of risk of offending and/or harm to others among offenders withintellectual disabilitiesLegal and ethical considerations in working with offenders with intellectual disabilitiesConclusions14Psychosis, violence and crimeVulnerable to violence and vulnerable to being violentPsychosis and crime: The epidemiologyPathways into violence through psychosis: Distinctive or common to most violent offenders?Psychosis, comorbid mental disorders and violenceClinical characteristics of psychosis associated with violenceEnvironmental factors which may be relevant to violent outcomes among people withfunctional psychosisv
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