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Getting conviction overturned

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Fatso

Member since
November 2019

107 posts

Posted Thu May 16, 2024 7:09pmReport post

Our solictor things that as the Judge did not ask for a phychiatric report, even hough we had a full report from his counsellor, his conviction may be overturned. Has anyone any experience of this.

Hopelesscared

Member since
November 2023

68 posts

Posted Thu May 16, 2024 8:03pmReport post

I'm not sure if you have some terms mixed up but generally counsellors don't do assessments or psychiatric reports as they are no qualified to diagnose or assess in this way.

Also I believe the burden to bring forward the report is on your solicitor, not on the judge to request it - even if it was requested, the judge isn't really bound to take it into account whilst sentencing anyways.

I would get a second opinion.

LittleRobin3

Member since
April 2024

288 posts

Posted Sat May 18, 2024 4:12pmReport post

A psychiatric report would need to be from a court approved psychiatrist. Councillors can't diagnose or prescribe. X