INTRODUCTION AND BRIEF DESCRIPTION

If a verdict of not criminally responsible or unfit to stand trial is reached without a disposition, the Review Board must hold a hearing and make a disposition within 45 days.

SECTION WORDING

672.47(1) Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered and the court makes no disposition in respect of an accused, the Review Board shall, as soon as is practicable but not later than forty-five days after the verdict was rendered, hold a hearing and make a disposition.

EXPLANATION

Section 672.47(1) of the Criminal Code of Canada outlines the requirements for the Review Board when a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered and the court makes no disposition in respect of an accused. The Review Board is responsible for ensuring that the accused receives appropriate treatment and that public safety is maintained. When a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered, the court must make a disposition in respect of the accused. However, in cases where the court does not make a disposition, the Review Board is required to hold a hearing and make a disposition within 45 days of the verdict being rendered. The purpose of the hearing is to determine the appropriate disposition for the accused. This may involve ordering the accused to receive treatment in a psychiatric hospital, placing them under supervision in the community, or granting them an absolute discharge. The disposition must take into account the nature and severity of the offense, the mental condition of the accused, and the risk that the accused may pose to the public if released. The Review Board plays a critical role in ensuring that individuals who are found not criminally responsible on account of mental disorder or unfit to stand trial receive appropriate treatment and that the public is protected from harm. The requirement for a disposition to be made within 45 days of the verdict being rendered reflects the importance of timely decision-making in these cases.

COMMENTARY

Section 672.47(1) of the Criminal Code of Canada is a crucial provision that outlines the legal framework for determining the disposition of individuals who have been found not criminally responsible on account of mental disorder or unfit to stand trial. This section mandates that if the court does not make any determination concerning the accused's disposition, the Review Board must hold a hearing and make a disposition within 45 days of the verdict. The purpose of this provision is to ensure that individuals with mental disorders who are not criminally responsible or unfit to stand trial receive appropriate treatment and supervision that meets their needs and protects the public. By requiring a disposition within a specific timeframe, the legislation helps to ensure that the process is timely and that individuals do not remain in legal limbo for extended periods of time. The Review Board plays a critical role in implementing this provision by conducting hearings and determining the appropriate disposition for individuals in such cases. The Board must consider a range of factors when making its decision, including the nature and circumstances of the offense, the individual's mental health, and the risks posed to public safety. It is worth noting that a disposition is not intended to be a punishment but rather a means of addressing the individual's mental health needs. Under this provision, the Review Board can order various types of dispositions, including hospital orders, conditional discharges, and absolute discharges. Hospital orders involve placing individuals in a psychiatric hospital for treatment, monitoring, and supervision. Conditional discharges allow individuals to return to the community but with specific conditions, such as regular psychiatric treatment or restrictions on their activities. Absolute discharges involve the individual being released with no conditions or restrictions. However, the Review Board must balance the individual's rights with the public's concerns about safety when making dispositions. In some cases, the Board may impose more stringent conditions to ensure the individual does not pose a risk to the community. In conclusion, Section 672.47(1) of the Criminal Code of Canada is a critical provision that aims to ensure that individuals with mental disorders who are not criminally responsible or unfit to stand trial receive appropriate dispositional orders that meet their needs and balance public safety concerns. By requiring a disposition to be made promptly, the legislation helps to ensure that individuals do not get lost in the legal system and receive the appropriate care and support they need.

STRATEGY

Section 672.47(1) of the Criminal Code of Canada establishes the requirement for a Review Board to make a disposition in situations where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered and the court does not make a disposition. This provision poses several strategic considerations for legal professionals in criminal cases. One of the potential strategies to consider is seeking a disposition that is favorable to the accused. A disposition under section 672.47(1) may involve a range of measures, including detention in a hospital, community treatment orders, or absolute discharges. The defense counsel could present evidence and arguments that support a recommended disposition, such as mental health evaluations that suggest a lower risk of reoffending. Another strategy would be to anticipate the Review Board's decision and present arguments to challenge it. For instance, the defense counsel could argue that the Review Board's decision is based on flawed or incomplete evidence, or that the accused's rights to a fair hearing or due process were violated. This approach requires carefully analyzing the evidence presented during the trial and anticipating the possible factors that could influence the Review Board's decision. Furthermore, legal professionals must be mindful of the timelines set out in the Criminal Code. The requirement for the Review Board to hold a hearing and make a disposition within 45 days of the verdict underscores the need for timely and efficient preparation. Therefore, legal professionals must work quickly to gather evidence, file submissions, and prepare for the hearing while ensuring that all legal procedures are followed correctly. Other factors to consider when dealing with section 672.47(1) could include the nature and severity of the crime, the accused's mental state and history, and the potential impact of the disposition on the accused's future. In cases where the accused has a history of mental illness or trauma, legal professionals might need to work closely with medical professionals to ensure that the accused receives the appropriate treatment and support. In summary, dealing with section 672.47(1) of the Criminal Code of Canada requires a strategic approach that considers a range of factors, including the accused's mental health, the nature of the offense, and the Review Board's potential decision. Legal professionals must act swiftly and efficiently to gather evidence, present arguments, and seek favorable dispositions while ensuring that all legal procedures are followed correctly.