Criminal Code of Canada - section 672.121 - Review Board may order assessment

section 672.121

INTRODUCTION AND BRIEF DESCRIPTION

This section states that the Review Board can order an assessment of a mentally disordered accused if necessary for making a recommendation or disposition, under certain circumstances.

SECTION WORDING

672.121 The Review Board that has jurisdiction over an accused found not criminally responsible on account of mental disorder or unfit to stand trial may order an assessment of the mental condition of the accused of its own motion or on application of the prosecutor or the accused, if it has reasonable grounds to believe that such evidence is necessary to (a) make a recommendation to the court under subsection 672.851(1); or (b) make a disposition under section 672.54 in one of the following circumstances: (i) no assessment report on the mental condition of the accused is available, (ii) no assessment of the mental condition of the accused has been conducted in the last twelve months, or (iii) the accused has been transferred from another province under section 672.86.

EXPLANATION

Section 672.121 of the Criminal Code of Canada outlines the powers of a Review Board in relation to ordering an assessment of the mental condition of an accused individual who has been found not criminally responsible on account of a mental disorder or deemed unfit to stand trial. The Review Board can order such an assessment if it believes it is necessary to make a recommendation to the court or to make a disposition under Section 672.54. The circumstances under which a Review Board can order an assessment include situations where no assessment report on the accused's mental condition is available, no assessment of the accused's mental condition has been conducted in the last twelve months, or the accused has been transferred from another province under Section 672.86. The purpose of such an assessment is to provide the Review Board with necessary evidence to make informed decisions regarding the accused's mental condition and the appropriate course of action in terms of sentencing or treatment. This section highlights the importance of taking into account an individual's mental health in the criminal justice system and the need for ongoing assessments to ensure the safety and well-being of both the accused and the community at large.

COMMENTARY

Section 672.121 of the Criminal Code of Canada outlines the powers of the Review Board when it comes to ordering a mental health assessment of an accused who has been found not criminally responsible on account of mental disorder or unfit to stand trial. The purpose of the assessment is to provide the Review Board with the necessary information to make a recommendation to the court regarding the disposition of the accused. The first circumstance under which the Review Board may order a mental health assessment of an accused is if it believes that such evidence is necessary to make a recommendation to the court under subsection 672.851(1). This subsection pertains to cases where the accused has been found not criminally responsible, and outlines the factors that the court must consider when making a disposition. These factors include the safety of the public, the mental condition of the accused, and the reintegration of the accused into society. In order to make an informed recommendation, the Review Board must have up-to-date information regarding the mental condition of the accused. Therefore, it is reasonable that the Review Board may order an assessment of the accused of its own motion or on application of the prosecutor or the accused. The second circumstance under which the Review Board may order a mental health assessment of an accused is if it needs to make a disposition under section 672.54. This section pertains to cases where the accused has been found unfit to stand trial, and outlines the factors that the court must consider when making a disposition. These factors include the mental condition of the accused and the need to protect the public. Again, in order to make an informed disposition, the Review Board must have up-to-date information regarding the mental condition of the accused. Therefore, it is reasonable that the Review Board may order an assessment of the accused if no assessment report is available, if no assessment has been conducted in the last twelve months, or if the accused has been transferred from another province. Overall, section 672.121 serves an important purpose in the Canadian criminal justice system. By allowing the Review Board to order mental health assessments of accused individuals, the system is better equipped to make informed decisions regarding the disposition of these individuals. This is important not only for the safety of the public but also for the well-being of the accused. A proper diagnosis can lead to appropriate treatment and rehabilitation, which may ultimately reduce the risk of reoffending. It is therefore essential that the Review Board has the power to order mental health assessments as necessary.

STRATEGY

As per Section 672.121 of the Criminal Code of Canada, the Review Board that has jurisdiction over a person found not criminally responsible (NCR) or unfit to stand trial (UST) can order an assessment of that individual's mental condition. This assessment is necessary when making a recommendation to the court under subsection 672.851(1) or when making a disposition under section 672.54 in one of the following circumstances; no assessment report on the mental condition of the accused is available, no assessment of the mental condition of the accused has been conducted in the last twelve months, or the accused has been transferred from another province under section 672.86. In dealing with this section of the Criminal Code of Canada, several strategic considerations should be taken into account. One of the critical considerations is to ensure that the request for a mental condition assessment is legitimate and reasonable. One needs to ensure that the reasons for requesting the evaluation are in line with the objectives of the review board and the need to make an accurate and fair disposition of the case. Another consideration is to ensure that the assessment is conducted by qualified and experienced mental health professionals. The assessment report should be complete and provide enough information for the review board to make an informed decision. It would be prudent to conduct further research on the mental health professional who will be conducting the assessment to ascertain their experience and expertise. A strategy that can be employed to ensure that the mental condition assessment is successful is to communicate with the board regularly. By keeping the board updated on any developments in the case, they can make a well-informed decision on whether the assessment is necessary. Additionally, it would be prudent to ensure that the review board is aware of the importance of the assessment and how it may impact the subsequent disposition of the case. Another strategy that could be employed to ensure the mental condition assessment is successful is to collaborate with the review board and any relevant stakeholders to set out clear objectives of the assessment. By doing this, everyone involved can work together to achieve these objectives. Clear objectives can also help the mental health professionals conducting the assessment to provide a comprehensive and accurate report. In summary, there are several strategic considerations to be taken into account when dealing with Section 672.121 of the Criminal Code of Canada. These include ensuring that the request for a mental condition assessment is legitimate and reasonable, ensuring that the assessment is conducted by qualified and experienced mental health professionals, and communicating with the review board regularly. By employing these strategies, one can ensure the mental condition assessment is successful and that the review board can make a well-informed decision on the disposition of the case.