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 22:04, 10 October 2022
, 10 October 2022→C. Disposition Hearings After NCRMD
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A finding of NCRMD ends criminal proceedings against the accused. There will then be a disposition hearing either in court or before the Review Board (''Criminal Code'' s 672.38). Under s 672.54 a person found NCRMD may be: | A finding of NCRMD ends criminal proceedings against the accused. There will then be a disposition hearing either in court or before the Review Board (''Criminal Code'' 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. | |||
With the passage of Bill C-14 in 2014, discussed fully below, the court may also designate a person as a high-risk accused, and then the Review Board would only be able to make a narrow custody order. The amendments flowing from Bill C-14 have changed other sections of the Mental Disorder provisions of the ''Criminal Code'', some of which are highlighted below. | With the passage of Bill C-14 in 2014, discussed fully below, the court may also designate a person as a high-risk accused, and then the Review Board would only be able to make a narrow custody order. The amendments flowing from Bill C-14 have changed other sections of the Mental Disorder provisions of the ''Criminal Code'', some of which are highlighted below. | ||
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For information on pleading “Mental Disorder” and “Non-Mental Disorder” automatism, please consult the Continuing Legal Education Society’s course “Criminal Law and Mental Health Issues”. | For information on pleading “Mental Disorder” and “Non-Mental Disorder” automatism, please consult the Continuing Legal Education Society’s course “Criminal Law and Mental Health Issues”. | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||