Psychology and the Law

Leam A. Craig, PhD, is a Consultant Forensic and Clinical Psychologist and Partner at Forensic Psychology Practice Ltd. He is a Professor and Visiting Chair of Forensic Psychology at the University of Lincoln, UK, a Visiting Professor of Forensic Clinical Psychology at Birmingham City University, UK, and an Honorary Professor of Forensic Psychology at the Centre for Applied Psychology at the University of Birmingham, UK. Hugh C.H. Koch, PhD, is a chartered clinical psychologist and Visiting Professor on Law and Psychology at Birmingham City University, and visiting Professor in Psychology at Bristol University. He is the M.D. of Hugh Koch Associates, a medico-legal firm providing expert psychological reports in civil claims across the United Kingdom. Gus A. Baker, PhD, is a Consultant Clinical Neuropsychologist and Professor Emeritus of Clinical Neuropsychology. He is the Managing Director of Tribune Psychology Services and currently holds the post of Secretary General of the International Bureau for Epilepsy.

About the Editors ix

Contributors xi

Foreword xxiii

Acknowledgements xxvii

Part I Introduction 1

1 Psychologists as Expert Witnesses 3
Leam A. Craig, Hugh C. H. Koch, and Gus A. Baker

Part II Clinical Forensic Expert Witness Case Studies 15

2 Assessment of an Adult Male with Sexual Offence Convictions in Preparation for Release from Prison 17
Leam A. Craig and Martin Rettenberger

3 Assessment of a Female Patient with a Diagnosis of Borderline Personality Disorder for a First- Tier Tribunal (Mental Health) 53
Estelle Moore and Harry Wood

4 Assessment of Defendant Involved in Sexual Homicide Trial 71
Derek Perkins

5 A Disputed Confession in the House of Lords. Evidence- Based Practice 89
Gisli H. Gudjonsson

6 Assessment of a Male Perpetrator of Domestic Violence Within the Context of the Family Courts and Child Protection Proceedings 113
Leam A. Craig

7 Assessment of Suspected Parental Alienation in the Family Courts 147
Sue Whitcombe

8 “I Suddenly Remembered the Same Man Had Raped Me Too”: An Empirically Evidenced Case of Recovered Traumatic Memories? 179
David V. Glasgow

9 Children and Young People with Special Educational Needs (Sen) in First- Tier Special Educational Needs and Disability Tribunal (Sendist) Hearings 201
Michael H. Hymans

10 The Importance of Ethnic and Cultural Considerations in Expert Witness Psycological Assessments 237
Agatha Benyera- Mararike

11 Assessing the Communication Needs of a Vulnerable Defendant with Intellectual Disabilities: The Role of the Court- Appointed Intermediary 267
Brendan M. O’Mahony

Part III Medicolegal Expert Witness Case Studies 281

12 Assessment in Civil Litigation and Personal Injury: How to Manage Conflict and Get the ‘Best Fit’ Opinion: A Case Study 283
Hugh C. H. Koch

13 The Case of the 34- Year- Old Firefighter Who Suffered a Traumatic Brain Injury While Cycling 313
Gus A. Baker and Steven Kemp

14 Assessing the Impact of Historical Trauma in Civil Litigation of Negligence Against a Local Authority 335
Roger Hutchinson

Part IV Judicial and Legal Perspectives 355

15 ‘Trust Me, I’m an Expert!’: Legal and Professional Standards, Liability and the Expert Witness 357
Kieran Lee Marshall

16 The Parole Board of England and Wales: A Guide for Psychology Witnesses 379
Wendy Morgan, Helen Trinder, and Claire Barker

17 Tips for Managing the Cross- Examination of Psychological Evidence and Possible Pitfalls 395
Leslie Cuthbert

18 Forensic Psychology in Military Courts 407
Christopher T. Stein

19 A Judicial Perspective on Hearing Psychological Evidence in the Family Courts 421
HHJ Stephen Wildblood KC and Freda V. Gardner

20 How Expert Witness Evidence Can Go Wrong: A Concluding Note 433
Leam A. Craig, Hugh C. H. Koch, and Gus A. Baker

Index 439