When a legal case involves questions around mental health, risk, capacity, or behaviour, solicitors often turn to psychologists for expert opinion. But the question arises: should you instruct a forensic psychologist, or a clinical psychologist working in a forensic setting? The answer is not always straightforward, and understanding the distinction—and overlap—between these roles is essential to making the right choice for your case.
Forensic psychologists are trained specifically to apply psychological principles within legal and criminal justice contexts. Their expertise typically includes assessing risk of reoffending, personality disorders, capacity to stand trial, fitness to plead, suggestibility, and issues around culpability or sentencing. Most forensic psychologists work in prisons, secure hospitals, or with probation services, and their training emphasises the intersection between psychology, law, and the criminal justice system.
In contrast, clinical psychologists are trained more broadly in mental health assessment, diagnosis, and treatment across the lifespan. Their work might span everything from mood disorders and trauma to neurodevelopmental and cognitive conditions. However, many clinical psychologists specialise or practise within forensic settings—for example, in secure psychiatric hospitals, with offender populations, or in criminal courts. These clinicians bring in-depth knowledge of mental illness and psychological functioning, often using a formulation-based approach that integrates medical, psychological, and social perspectives.
So, who should you instruct?
The decision largely depends on the specific needs of the case. If your case involves questions of risk assessment, criminal responsibility, or the likelihood of future offending, a forensic psychologist is often best placed to provide an expert opinion. Their training and experience are tailored to understanding these dynamics, and their reports often speak directly to the concerns of courts, parole boards, and tribunals.
However, if the case focuses on complex mental health issues, such as psychosis, PTSD, autism, or brain injury—and how these may have influenced behaviour or impacted functioning—a clinical psychologist with forensic experience may be more suitable. These experts are often better equipped to assess diagnostic issues, treatment needs, or the psychological consequences of events such as abuse, imprisonment, or trauma.
In some instances, a collaborative approach is ideal—particularly in complex cases involving both mental health and legal risk factors. For example, a forensic psychologist might assess risk and legal issues, while a clinical psychologist explores underlying psychological conditions and therapeutic recommendations. This dual perspective can provide a richer, more balanced view for the court.
At Medico-Legal Healthcare, we work with both clinical and forensic psychologists, carefully matching the expert to the needs of each case. Whether the focus is on mental health, capacity, risk, or the psychological impact of an event, we ensure that our reports are clear, robust, and tailored to the legal questions at hand. If you’re unsure who to instruct, our team is happy to advise and help you select the most appropriate expert for your case.