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Mental Health and the Criminal Code (14:IX): Difference between revisions

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== C. Disposition Hearings After NCRMD ==
== C. Disposition Hearings After NCRMD ==


A finding of NCRMD ends criminal proceedings against the accused. There will then be a disposition hearing  either in court or by the review board (s 672.38).  Under s 672.54 a person found NCRMD may be: a)discharged absolutely where the review board or court finds that the accused is not a significant threat to the safety of the public; b)discharged subject to conditions considered appropriate by the court or review board; or c)detained in custody in a psychiatric hospital subject to conditions considered appropriate by the court or review board. d)With the passage of Bill C-14, discussed fully below, the court may also designate a person as a high-risk accused.
A finding of NCRMD ends criminal proceedings against the accused. There will then be a disposition hearing  either in court or by the review board (s 672.38).  Under s 672.54 a person found NCRMD may be:  
*a) discharged absolutely where the review board or court finds that the accused is not a significant threat to the safety of the public;  
*b) discharged subject to conditions considered appropriate by the court or review board; or  
*c) detained in custody in a psychiatric hospital subject to conditions considered appropriate by the court or review board.  
*d) With the passage of Bill C-14, discussed fully below, the court may also designate a person as a high-risk accused.