Murder trials are being delayed due to the "burden of work" on psychiatrists at the Central Mental Hospital that leaves them without the time to carry out private reports for the courts.
Mr Justice Paul McDermott at the Central Criminal Court on Wednesday spoke to lawyers involved in 13 murder cases where the accused's psychiatric condition is being explored as a potential issue in their trials.
Lawyers for both the defence and the Director of Public Prosecutions reported varying degrees of success in gaining the services of consultant psychiatrists willing to provide a report for the court.
Mr Justice McDermott said the difficulty in obtaining reports is causing problems in advancing what are "very serious cases".
He said he wants to prioritise such cases given their seriousness and the difficulties faced by some of the accused. "It is imperative that the [psychiatric] service be available," he said.
Psychiatrists in the Central Mental Hospital (CMH), the judge said, are not able to accommodate requests for court psychiatric reports "due to a burden of work which extends not only to contracted hours but well beyond that. The burden within the Central Mental Hospital is such that they cannot devote time to private work."
The judge noted a further problem that psychiatrists being asked to provide reports for the court may be barred from doing so because they are treating the accused person as a patient in the CMH.
Beyond that, some legal teams have reported problems where psychiatrists feel they are not being paid an appropriate amount by the legal aid system for the work required.
One barrister who addressed the court on the issue said experts in the UK can be engaged but will not carry out the work at the standard rate offered by the Department of Justice. He said that with "robust engagement" between solicitors and the department, it has been possible in the past to resolve the payment issue, but it can take time.
Mr Justice McDermott said he will continue to monitor progress in each case but acknowledged the difficulties faced by legal teams. He added: "I have no control over the ability to get a consultant psychiatrist to do this work. My hands are tied."
