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 18:17, 22 June 2016
, 22 June 2016→C. Disposition Hearings After NCRMD
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*c) detained in custody in a psychiatric hospital subject to conditions considered appropriate by the court or review board. | *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. | *d) With the passage of Bill C-14, discussed fully below, the court may also designate a person as a high-risk accused. | ||
When the review board renders a decision under s 672.54, it must take into consideration “the need to protect the public from dangerous persons, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused” and must choose the option that is “the least onerous and least restrictive to the accused”. | |||
The review board must review cases in which a person is found NCRMD at least once a year if the person is still detained in a mental facility or is fulfilling conditions pursuant to the disposition hearing (s 672.81). However, as a result of the operation of s 672.54, it is possible for individuals found NCRMD to be subject to prolonged or indeterminate detention or supervision by the review board, even for committing relatively minor offences. | |||