Apart from the expert opinion, there are no other assessment mechanisms available. For example, there are no specific assessment mechanisms that would prompt the ordering of the expert opinion. That identification of defendants with psychosocial and/or intellectual disabilities was also identified by our interviewees. As the interviewed judge explained, it can happen that the defendant’s psychosocial or intellectual disability is overlooked, if the defendant does not mention the disability or there are no particular circumstances or specific behaviour at the time of the offence: “Illnesses can have different phases and the person participates normally in the investigation and their defence. If they do not say anything themselves and if it is not visible on the outside, it can be overlooked.”123 The judge also mentioned that usually the police will gather information about the possible psychosocial and/or intellectual disability, or the defendant will mention that they have been receiving treatment. If the person does not mention anything and if there are no obvious indicators, it is possible that the disability goes unnoticed.124 The interviewed representative of an NGO also reported a case of their client where disability was not recognised: “Judging from what the person told me about his experience, the system would not care.”125 If psychiatric examination does not find mental incapacity (the defendant is capable of being criminally responsible) and if the defendant is considered as fit to stand trial, they will be tried and may be subjected to detention and imprisonment under the rules prescribed by the law for all defendants and detainees. Lack of accommodations There are no other measures or accommodations in the criminal proceedings for defendants with psychosocial and/or intellectual disabilities that have been considered as fit to stand trial and criminally responsible. As the interviewed representative of an NGO that is representing persons with psychosocial disabilities commented: “They are either treated as if they are perfectly healthy, or they are treated as if they are completely 123 Interview with a judge. Interview with a judge. 125 Intervies with a representative of academia and representative of an NGO that is representing persons with psychosocial disabilities. 43 124