Forensic psychology and medico-legal services
Forensic psychology practice sits at the interface between psychology and the justice system. It applies psychological principles and methods to the legal and criminal justice systems.
In the forensic field Miguel works in a variety of roles, including assessing people going through the court system. His work often includes evaluating a person's mental state for legal purposes, assessing risk factors for reoffending, and determining competency to stand trial.
Psychological assessment and reports
Miguel Barreiro (Consultant Psychologist, General Registration) has training and experience in evidence-based forensic psychological assessment and has been writing legal reports for over 20 years. He delivers comprehensive medico-legal reports for civil and criminal cases across Victoria, and has prepared numerous reports for legal proceedings in criminal and family law matters.
His reports combine the psychological approach of formulation with the tradition and universality of diagnosis, following DSM-5-TR and ICD-10 guidelines. This allows the psychologist to reach the best clinical opinion on diagnosis, causation, proportionality, prognosis and treatment.
Psycho-legal assessments and reports aim to establish a psychological profile of the person, to assist in understanding aspects of their behaviour, and to answer the specific questions set out in the referral. A combination of direct observation, interviews and assessment gives insight into the person's cognitive abilities and psychological and emotional functioning, and identifies particular strengths or weaknesses. Together with psychometric testing and collateral information, this builds a full picture of the person's developmental history, their psychological state and diagnosis at the time of the act before the court, their current functioning and their prognosis.
Assessments use the most current evidence-based psychometric tools. They typically take place over two to six sessions and can be conducted face to face or by phone or video link. Interviews with the person's significant others and relevant professionals may also be included where necessary and appropriate.
What a medico-legal report covers
- Personal and medical history. Background on the person's personal life, medical history and any relevant psychological or psychiatric history.
- Presenting problem. The current issues or symptoms that led to the assessment, including the person's own description of their difficulties.
- Psychological evaluation. Results from psychometric tests, cognitive assessments and clinical interviews.
- Diagnosis. Where applicable, a formal diagnosis based on the evaluation and the relevant diagnostic criteria (for example DSM-5-TR).
- Impact of the condition. How the psychological or mental health condition affects daily life, functioning, relationships and capacity for work.
- Causality. Whether the condition is related to an incident such as a criminal act, workplace injury, car accident or traumatic event.
- Prognosis. The likely course of the condition, including expected recovery time and the potential for improvement or deterioration.
- Treatment recommendations. Suggestions for ongoing psychological or psychiatric treatment, including therapy, counselling or medication.
- Fitness for work or legal competence. The person's ability to return to work, perform their duties or take part in legal proceedings.
- Credibility and consistency. A review of the person's reliability in reporting symptoms and how consistent those reports are with clinical findings.
- Expert opinion. A professional judgement on the psychological aspects relevant to the case, including any risks such as future psychological harm.
These elements are tailored to the context of the case and the protocols required by the commissioning body, such as WorkCover or the justice system.
Psychometric assessment
A number of psychological tests can be administered during an evaluation. They are designed to assess an aspect of a person's knowledge, skill, personality, intelligence, achievement or behaviour. Through comprehensive clinical interviewing and a battery of tests, a wealth of useful information can be gathered to understand the issues at hand and to make recommendations that address them.
Types of assessment and report
- Suicide risk assessment
- Diagnosis of psychopathology and mental health
- Personality assessment
- Victims of crime assessment
- Medico-legal reports
- Pre-sentencing reports
- Mental health applications, including Section 32 and Section 14 assessments and reports
- Violence risk assessment
- Assessment of malingering
- Cognitive and intelligence testing for adolescents and adults
- Personal injury claims: WorkCover and Transport Accident Commission
Victims of crime
Victim of crime assessments are conducted for people who have experienced harm because of a crime. The assessment includes clinical interviews, psychometric testing, a review of relevant documents (such as medical reports, evidence of income loss and police statements) and collateral interviews as needed.
These assessments evaluate the extent of personal harm suffered, typically covering the emotional, physical and financial impact of the event. The aim is to explore how the experience has affected the person's emotional wellbeing, social interactions, professional circumstances and family life, and to establish their psycho-medical and other future needs.
Behaviour modification programs
Miguel provides individual and group treatment programs for problem behaviours that have had a negative impact on a person's life and relationships, or that have brought them before the courts. These include anger, aggression and violence, sexual offending, and alcohol and substance abuse.
Section 32 reports
A Section 32 report is a psychological or psychiatric assessment prepared for the court under Section 32 of the Criminal Procedure Act 2009 (Victoria). This section allows a court to request a pre-sentence report on the mental health or cognitive functioning of the offender, to determine whether those factors contributed to the offending and should influence sentencing.
A Section 32 report typically:
- assesses the offender's mental health, cognitive abilities and any psychological or psychiatric conditions that may have influenced their actions;
- examines whether those conditions played a role in the offending and how they may affect the risk of reoffending;
- recommends treatment options such as mental health care, counselling or rehabilitation programs that can be considered in sentencing; and
- helps the court decide whether alternatives such as diversion, mental health treatment or community orders are more appropriate than imprisonment.
The report gives the court a fuller understanding of the offender's mental state and any factors that may warrant a more lenient or therapeutic sentence, and offers an expert opinion on the likelihood of rehabilitation or reoffending with proper treatment. It is usually requested by the defence or the court when there is evidence that mental health or cognitive impairment may have affected the offending, and it can be used in both summary and indictable matters.
Psychological reports for Section 14 applications
Section 14 of the Criminal Procedure Act 2009 (Victoria) allows eligible offenders, particularly those who have committed minor offences, to avoid a formal criminal record by completing a diversion plan. A psychological report supporting a Section 14 application shows how the person's psychological or mental health condition may have contributed to the offence, and why diversion is a more appropriate response than formal sentencing.
The report typically includes:
- Mental health assessment. An evaluation of conditions such as anxiety, depression, substance abuse or cognitive impairment, and whether they played a significant role in the behaviour.
- Connection to the offence. How the person's psychological state contributed to the behaviour, for example impulsivity related to a mental health condition.
- Treatment and rehabilitation needs. Counselling, psychiatric treatment or substance abuse rehabilitation that could address the underlying issues, with specific recommendations.
- Suitability for diversion. Whether the person is likely to benefit from the Diversion Program, including their commitment to rehabilitation and willingness to meet any conditions.
- Risk of reoffending. An assessment of the risk of reoffending if the person receives the necessary support.
- Conclusion and recommendations. A professional opinion on why diversion is suitable for this person, based on their psychological profile and circumstances.
The purpose of the report is to show that the behaviour can be addressed through mental health or rehabilitative interventions, reducing the need for a formal criminal process.
Fees and session structure
When assessment and report services are retained, you can expect a clear fee structure, accurate documentation of all work done, timely reports, and unbiased, independent opinions. Medico-legal assessments and other reports are charged at the Australian Psychological Society recommended hourly rate, plus GST.
An assessment usually involves a minimum of four one-hour sessions. Because every person's circumstances are different, this package may not fit your needs; if so, please contact me and let me know your situation.
Face-to-face interview.
Administration of specific psychometric questionnaires.
Follow-up face-to-face interview.
Review of related documents and correspondence.
A comprehensive report is then written.