Courts / Ireland / Report

Serious difficulties in getting psychiatric reports sees murder cases facing delays

Summary

The Central Criminal Court has seen delays in murder trials because defence lawyers struggle to secure psychiatric assessments for their clients. Although up to 20 % of murder cases involve psychiatric issues, HSE‑employed psychiatrists are not legally required to provide reports for either side. Defence psychiatrists work voluntarily, and a lack of available experts has created a backlog. The Criminal Legal Aid scheme pays psychiatrists €120 per hour, far below the €184 rate approved for State prosecutors, discouraging experts from taking defence work. The Department of Justice has imposed a cap on hours and requires pre‑approval of estimates, further limiting access. Recent cases have highlighted the difficulty of finding psychiatrists, with some defence teams seeking experts abroad. The Department is reviewing fee arrangements, but no delays have yet been confirmed in the single case cited. The court remains concerned about the impact on trial schedules.

Who, what, where, when and why

What: Report matter: Serious difficulties in getting psychiatric reports sees murder cases facing delays. Procedural stage: charge_or_pretrial

When:

• 2024-03-06 Publication

Why: In a separate case, a defence barrister told the court that her solicitor had to go through five different psychiatrists in order to get a report. Defence account reported by CNI

Places mentioned

Topics

Stage Charge Or Pretrial Violent Crime

Read the original CNI report