Alex Shanks obtains a rare special verdict of not guilty by reason of insanity

Charge and Defence

Alex Shanks, instructed by Berris Law, represented the defendant charged on indictment with attempted dwelling burglary and the defence advanced was one of insanity. This case involved special care concerning the defendant’s mental health throughout proceedings and at the time of the commission of the alleged offence, fitness to plead and stand trial, and defences open to him. Two psychiatrists, instructed by the defence, concluded that the defendant would be entitled to the defence of insanity.

Psychiatric Assessment and Findings

Both psychiatrists, after examining the defendant, determined that his mental condition satisfied the criteria for the legal defence of insanity. Their expert evaluations played a central role in establishing the defendant’s state of mind at the time of the alleged offence.

The M’Naughten Rules

The defence of insanity is governed by the M’Naughten rules, under which the psychiatrists in this case concluded that the defendant, at the time of the alleged offence, was suffering from a defect of reason caused by a disease of the mind. This, in turn, caused him not to know what he was doing, or not to know that what he was doing was wrong in law.

Verdict and Sentencing Outcome

At the conclusion of the trial, which lasted three days at Isleworth Crown Court, the jury returned a special verdict of not guilty by reason of insanity. Following the receipt of further psychiatric reports, the judge disposed of this case by way of a hospital order under Section 37 of the Mental Health Act 1983.

About the barrister

Alex Shanks was called to the bar in 2022. He has a busy practice both prosecuting and defending across a wide range of offences including violence, drug related crime, sexual offences and driving matters.

To instruct Alex, contact his clerks Ryan Bartlett or Amie Harris on 020 7404 1881.