Mental Health and the Criminal Code (14:IX): Difference between revisions
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Mental Health and the Criminal Code (14:IX) (view source)
Revision as of 18:14, 22 June 2016
, 22 June 2016→1. Defence of Mental Disorder – Criminal Code, Section 16
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An accused is presumed to not suffer from a mental disorder that exempts him or her from criminal responsibility until the contrary is proven on a balance of probabilities (s 16(2)). An official finding that the accused is NCRMD will occur only when the Crown has otherwise proven the accused guilty beyond a reasonable doubt and the mental disorder exempting the accused from criminal responsibility is proven on a balance of probabilities, the burden of which is on the party that raises the issue (s 16(3)). | An accused is presumed to not suffer from a mental disorder that exempts him or her from criminal responsibility until the contrary is proven on a balance of probabilities (s 16(2)). An official finding that the accused is NCRMD will occur only when the Crown has otherwise proven the accused guilty beyond a reasonable doubt and the mental disorder exempting the accused from criminal responsibility is proven on a balance of probabilities, the burden of which is on the party that raises the issue (s 16(3)). | ||
== 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. | |||