Who funds the cost of a Court obtaining a psychiatric report on a defendant under Criminal Procedure Rule 3.10?
For example does the funding come from HMCTS or the MOJ or another organisation and how do the Court go about applying for funding for a psychiatric report on a particular defendant?
Section 157 of the Criminal Justice Act 2003 requires the Court to obtain and consider a medical report on a defendant who is, or appears to be mentally disordered, before passing a custodial sentence.
HM Courts and Tribunal Service commissions the reports for the court and the payment is from central funds (the Costs in Criminal Cases General Regulations 1986). Reports and recommendations go back to court.
In practice, the court Legal Advisor/Court Clark dealing with the case will send the request to a psychiatrist and the court will pay the psychiatrist.
I looked this up and noticed that s157 CJA 2003 has been repealed, but it looks like s232 Sentencing Act 2000 says pretty much the same thing about this:
232 Additional requirements in case of offender suffering from mental disorder
(1)This section applies where—
(a) the offender is or appears to be suffering from a mental disorder, and
(b) the court passes a custodial sentence other than one fixed by law (“the sentence”).
(2) Before passing the sentence, the court must obtain and consider a medical report unless, in the circumstances of the case, it considers that it is unnecessary to obtain a medical report.
(3) Before passing the sentence, the court must consider—
(a) any information before it which relates to the offender’s mental condition (whether given in a medical report, a pre-sentence report or otherwise), and
(b) the likely effect of such a sentence on that condition and on any treatment which may be available for it.