Form 48 - Notice Of Intention To Adduce Evidence As To Mental Condition (Section 19, Criminal Law (Insanity) Act 2006

What this form is for

• • Use when presenting evidence of mental illness in criminal proceedings
• • Required before introducing psychiatric expert testimony
• • Necessary when relying on psychological assessments
• • Mandatory when insanity defense is being considered
• • Required when competency to stand trial is at issue

Use this form or another form?

Deadline or filing window

The form must be filed at the earliest opportunity but no later than when evidence is to be presented at trial. Specific deadlines may be set by the court at preliminary hearings or case management conferences.

Before you submit

• • Form is fully completed with all required sections
• • All witness and expert information is accurate
• • Form is signed and dated
• • Copies have been served on all parties
• • Court filing fees have been paid if required
• • Form complies with any specific formatting requirements
• • A copy has been retained for your records

How to file this form

1. 1Obtain the correct version of Form 48 from the Courts Service
2. 2Complete all sections with accurate information about the evidence
3. 3Sign and date the form
4. 4File with the appropriate court office
5. 5Serve copies on all other parties in the case
6. 6Pay any required filing fees
7. 7Obtain proof of filing for your records

Known limitations

• • This form only notifies of intention to present evidence, it doesn't guarantee the evidence will be admitted
• • The form must be properly served on all parties to be effective
• • Late filing may result in the evidence being excluded
• • The form doesn't replace the need for proper psychiatric assessments
• • Court discretion applies in determining whether evidence will be admitted