Psychologist Susan van Scoyoc. Photo: Chris Sant Fournier

Being a psychologist who operates a private practice and being asked to act as an expert witness in courts and tribunals are two distinct scenarios, with the latter needing to be backed up by guidelines, according to a British expert witness and psychologist.

Maltese psychologists who act as expert witnesses in court and tribunals lack a code of good practice to help them deal with ethical dilemmas they are often faced with, Susan van Scoyoc explained.

“Psychologists are often required to act as witnesses in court and tribunals. This is a totally different scenario from being a psychologist operating your own private clinic.

“For one thing, the people you’re assessing are not coming to you because they want to. You may be faced with people who are unwilling to cooperate, terrified of being diagnosed as ‘mad’ and locked up. And this scenario changes what is being asked from a psychologist.”

Ms van Scoyoc was recently in Malta delivering a seminar on court expert witnessing and report writing to professionals from the Malta Union of Professional Psychologists, the Maltese Psychological Association and the University.

Her work often involves carrying out assessments and advising on sentencing for those accused of serious crimes. Last year she was awarded Practitioner of the Year 2012-13 by the British Psychological Society.

The Maltese professionals highlighted a number of problems plaguing the system, adding they were often directed by the court to take on a case without knowing whether it fell within their area of expertise.

“There seems to be a lack of awareness and a need for a greater appreciation for the different types of psychologists. Malta has a small pool but it’s a varied one and the court needs to make better use of it.”

Having guidelines of good practice for expert witnesses was essential because an they need to straddle the professional requirements of being in court with the obligations that came with being a psychologist.

“Your duty is to disclose everything to the court. But what if the person tells you that he doesn’t want you to share the personal information they have just disclosed?

“The best thing, I find, is to pre-warn that person that you will have to disclose everything they say.”

There are other special considerations that come along with being an expert witness, which need to be reflected on.

Sometimes, a person may stand to gain or lose if there is a particular outcome in court and may try to convince the psychologist they’re unwell.

Guidelines were also needed for the minimal requirements of writing report, especially in terms of competence standards, training and experience requires and how reports are presented to the court.

“Understanding your responsibility to the court is very important. Just because you’re good in your profession, it doesn’t mean you’re an expert witness,” she said.