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Counsellors assessment in court?

  • 25-06-2009 6:50pm
    #1
    Closed Accounts Posts: 79 ✭✭


    Just wondering how common it is to have a counsellor giving his opinion in court about an individual?

    Basically, my brother was arrested about six months ago and afterwards his solicitor advised him to see a counsellor for six sessions in total.

    So, now that my brother's counselling is almost complete...his counsellor is willing to give his opinion on my brother's state of mind at the time of his arrest....not really sure if the counsellor is giving the solicitor a letter or actually turning up in court? i think it's the latter.

    My brother was initially talking to his solicitor, who advised him to attend counselling as it will help him when he's eventually summoned for his case. Also, it looks like my brother will be cautioned/warned and will have to pay a fine...but it looks like the counsellor's assessment will help matters.

    Is this a common occurence?:confused:


Comments

  • Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    It is said that Priests, Doctors (counsellors) and Bank Managers make bad witnesses.

    I imagine counsellors are loathe to go into the details of what a client has told them and might merely confirm "yes he attended X times over Y period". Giving detailed account of what a client has said destroys patient confidentiality and the likelyhood that clients will open up properly, thereby detroying the value of the counselling.

    Your brother and his solicitor need to find out what the counsellor is willing to say.


  • Closed Accounts Posts: 28 samslade


    If this is in the district court:
    If the counsellor's testimony is part of his defence, then he will need to appear in person.
    If the counsellor's testimony is mitigation after being found guilty, then a letter should be sufficient.
    I think it's common enough.


  • Closed Accounts Posts: 79 ✭✭poss


    samslade wrote: »
    If this is in the district court:
    If the counsellor's testimony is part of his defence, then he will need to appear in person.
    If the counsellor's testimony is mitigation after being found guilty, then a letter should be sufficient.
    I think it's common enough.
    Thanks for your point of view on this.

    Yeah, it's in the district court. As the solicitor advised my brother to see a counsellor in the first place, i think the counsellor will be giving testimony.

    His solicitor told him he won't be jailed for the offence, as it's his first offence so he has no priors...so i'm thinking the counsellor is almost insuring he avoids a sentence and gets a warning/caution & fine instead.


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