ABSTRACT

Psychiatrists are usually aware that their knowledge of patients, generally and individually, is dependent upon interpretation, upon understanding cultural and other differences, upon the nature and quality of the relationships they have with their patients, and upon empathy with certain experiences. Psychiatrists are more likely to interpret the experience of their patients, their personal or social distress, and justify intervention to reduce pain because the experience is the primary issue rather than ascribed rights. As far as the court is concerned the pretrial conference is a good forum for ironing out differences in approach and the psychiatrist should see it as a professional obligation to attend these conferences. Most psychiatrists will have to appear in court on occasions, e.g. in England and Wales a court cannot send a patient to hospital with a restriction order unless oral evidence has been given by a psychiatrist.