This chapter outlines aspects of civil law and criminal responsibility with which the psychiatrist may be involved and describes the main headings that need to be used in a psychiatric court report. Details of the Mental Health Act 2007, which applies in England and Wales, are given in Appendix I.
CIVIL LAW
Civil law deals with legislation concerning contracts, property and inheritance.
Testamentary capacity
This is the capacity to make a legally valid will. In order to do so, at the time of making the will the person doing so (the testator) should be of ‘sound disposing mind’ and:
• Understand what a will is
• Know the nature and extent of his/her property
• Know the names of those having a claim on his/her property and be able to assess the relative merits of those claims
• Be free from an abnormal state of mind that might distort his/her feelings or judgements with respect to the will.
Marriage
A marriage may be annulled if:
• The partner had a mental disorder at the time of marriage so as not to appreciate the nature of the marital contract
• Either party was under 16 years (in the UK) at the time of marriage
• Pregnancy by another male at the time of marriage was not disclosed
• There was non-consummation
• One of the partners was forced to agree to the marriage by duress.
CRIMINAL RESPONSIBILITY
Fitness to plead
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