When a person with serious mental health or cognitive impairment is charged with a criminal offence that is being dealt with on indictment, they can make an application for a special verdict pursuant to sections 28 or 31 of the Mental Health and Cognitive Impairments Forensic Provisions Act 2020. 

If the prosecution does not agree on the mental health or cognitive impairment defence, the defendant must convince the jury to return the special verdict after hearing all of the evidence at trial.  

If the prosecution agrees that the evidence establishes the defence of mental health or cognitive impairment, the special verdict can be entered at any time in the proceedings.  

Where a special verdict is entered, the Court must then determine what consequential orders are to be made.  These orders can include that the defendant be: 

• remanded in custody; 
• detained in a mental health facility; or
• unconditionally or conditionally released from custody.

A person who is the subject of a special verdict will not be found guilty or have a criminal conviction recorded.  

How we can help 

Hanna Legal has extensive experience in making applications for special verdicts.  

Our solicitors can assist you through the entire criminal justice process, from the initial police investigation until the conclusion of your case.  

Key services 

• Advising on the process and the relevant law including the Mental Health and Cognitive Impairments Forensic Provisions Act 2020. 
• Engaging a forensic psychiatrist or psychologist to prepare a report in support of the application. 
• Assisting in the preparation of subjective material in support of the application including letters from the applicant and other witnesses.  
• Appearing as advocates and instructing barristers at the hearing of the application.