Absolute discharge following special verdict of Not Guilty by reason of insanity
Following a special verdict of not guilty by reason of insanity, the only three options available to a sentencing judge are: an absolute discharge; a supervision order [Criminal Procedure (Insanity) Act 1964]; or a hospital order [s37/s41 Mental Health Act 1983], as punishment has no place with such a verdict given the lack of criminal intent. S had been remanded for his own safety and the relevant services failed to transfer him to hospital throughout the time he spent on remand despite their own recommendations.
On 20 January 2021 the sentencing judge agreed with Sarah Memmi’s submission that an absolute discharge was the only just and appropriate outcome given the period in custody and the unfortunate history [of this case].”
Sarah Memmi, instructed by Lynn Roberts and Nusrat Chowdhury of our Croydon Office, represented S in Kingston-upon-Thames Crown Court.