Criminal Code of Canada - section 672.12(1) - Where court may order assessment

section 672.12(1)

INTRODUCTION AND BRIEF DESCRIPTION

The court can order a mental health assessment of the accused, upon its own motion or upon application by the accused or prosecutor.

SECTION WORDING

672.12(1) The court may make an assessment order at any stage of proceedings against the accused of its own motion, on application of the accused or, subject to subsections (2) and (3), on application of the prosecutor.

EXPLANATION

Section 672.12(1) of the Criminal Code of Canada is a provision that allows the court to make an assessment order at any stage of proceedings against an accused individual. This provision is important as it allows for the mental health of the accused to be assessed, which can have significant implications on the outcome of the case. An assessment order is a court order that requires a qualified medical or psychiatric professional to assess the mental condition of the accused. This assessment can include a range of factors such as the severity of mental illness, the individual's capacity to understand the charges against them, and their ability to participate in their own defence. This section of the Criminal Code is significant for several reasons. First, it highlights the importance of ensuring that accused individuals receive a fair trial. If an individual is suffering from a mental health condition, they may not be able to fully participate in their own defence, which can impact the fairness of the trial. By allowing for a mental health assessment, the court can ensure that the accused is well-informed and can make informed decisions about their defence. Second, this section underscores the importance of protecting the mental health of accused individuals. If an individual is suffering from a mental health condition, it is important that they receive appropriate care and treatment. The assessment order can help to identify mental health issues and ensure that the individual receives the necessary support and attention. Overall, section 672.12(1) of the Criminal Code serves an important role in ensuring that accused individuals receive a fair trial and that their mental health is protected. By allowing for a mental health assessment, the court can ensure that individuals receive the support and care they need, while also upholding the principles of justice and fairness.

COMMENTARY

Section 672.12(1) of the Criminal Code of Canada empowers the court to make an assessment order against an accused at any stage of the proceeding. The primary purpose of this provision is to determine the mental state and capacity of the accused to stand trial, assist counsel, and understand the nature and consequences of the charges against them. This assessment is an essential component of the criminal justice system, as it ensures that the defendant's trial proceeds in a fair and just manner. The assessment order may be made by the court on its own motion, on the request of the accused, or on the application of the prosecutor, subject to subsections (2) and (3). This provision grants the court a wide discretion in determining when to order an assessment. For instance, if the court has any doubts about the accused's mental fitness, it can request a psychiatric assessment to determine the accused's ability to stand trial. On the other hand, the accused's request for an assessment may be granted if they believe that they may not be mentally fit to stand trial. The prosecutor can also apply for an assessment order if they believe that the accused is not mentally fit to stand trial, but the court must satisfy itself that there is sufficient evidence to order the assessment. A prosecutor's application for an assessment order must be based on objective evidence that the accused is not capable of understanding the nature and consequences of the charges against them. If ordered, the assessment is usually carried out by one or more psychiatrists who examine the accused and produce a report on their mental state. The report then becomes a component of the evidence before the court and may be relied upon by the prosecutor or defence counsel. The assessment will determine the accused's fitness to stand trial, and it may also assess their criminal responsibility at the time of the alleged offence. The assessment may also uncover any underlying mental health issues the accused may have, which may not have been apparent during the investigation. In such cases, the accused may be referred for treatment or referred to community-based mental health programs to help them manage their mental health issues. Finally, the assessment order can have significant implications for the accused, both practical and legal. If an accused is found to be unfit to stand trial, the court may order them to undergo treatment or be detained in a secure hospital facility until they are deemed to be fit for trial. In contrast, if the accused is found to be mentally fit, it will enable them to participate in the trial and make informed decisions about their defence. In conclusion, section 672.12(1) of the Criminal Code of Canada is a critical provision that ensures that the trial of an accused person is fair and just by assessing their mental fitness to stand trial. The assessment report is an essential aspect of the court's decision-making process in determining the accused's criminal responsibility and the need for treatment or community-based mental health programs. This provision affirms the importance of mental health within the legal system, and it is necessary to ensure that defendants are not disadvantaged by their mental health status.

STRATEGY

Section 672.12(1) of the Criminal Code of Canada provides for the court to make an assessment order for the accused at any stage of proceedings. Parties involved in a criminal case should consider various strategic options when dealing with this section of the Code. The following are some of the considerations that may be useful in developing an effective strategy: Hiring a Lawyer The first and most important step in any criminal case is to engage the services of an experienced criminal defense lawyer. The lawyer can offer valuable insights and guidance on the strategies to be employed to handle the assessment order, including possible challenges to the legality of the order. Challenging the Order The defense counsel may challenge an assessment order on the grounds of its legality and constitutionality. The counsel may file an application for a judicial review to challenge the order's validity. The assessment process can be intrusive and invasive, and defense counsel may argue that the order violates the accused's individual rights. Cooperation with the Assessment If the assessment order is not challenged, the accused should cooperate with the assessment. Cooperation with the assessment can improve the accused's reputation and demonstrate a willingness to deal with their actions' criminal consequences. Displaying a willingness to cooperate and follow through with the assessment can help reduce the sanctions that may arise from the case. Gathering Information Another strategic consideration that the accused's lawyer should consider is gathering information. The assessment order often entails a comprehensive investigation into various aspects of the accused's life, such as health, biography, and psychology. The defense counsel or privately hired investigators can gather additional information on the accused's background, which can be useful in the court process. Building a Defense Assuming that the accused is not challenging the assessment order, the accused's lawyer can use the information obtained to build a strong defense. The defense counsel can use the information generated by the assessment order to negotiate a reduced sentence or probationary period. They can also use the information to argue that the individual is not dangerous to themselves or the public. Negotiating Alternatives Assessment orders typically involve psychiatric evaluations, which can be lengthy, invasive, and challenging for the individual. The defense counsel can negotiate with the prosecution and the judge to explore alternatives to assessment orders. Alternative to assessment orders such as probation, community service, or substance abuse treatment could be considered by the parties. Conclusion Assessment orders under Section 672.12(1) of the Criminal Code of Canada can be navigated by employing various strategic considerations. Building a defense, gathering information, negotiating alternatives, cooperation, challenging the order, and hiring a lawyer are some of the strategies that can be employed to minimize the inherent complexities of assessment orders. It is essential to work with an experienced criminal defense lawyer to explore all the available options and make decisions that align with the accused's best interests.