Criminal Code of Canada - section 672.5(13.2) - Determination of mental condition of the accused

section 672.5(13.2)

INTRODUCTION AND BRIEF DESCRIPTION

The court or Review Board must determine if there has been a change in the accuseds mental condition and notify victims if they can file a statement.

SECTION WORDING

672.5(13.2) On receiving an assessment report, the court or Review Board shall determine whether, since the last time the disposition in respect of the accused was made or reviewed there has been any change in the mental condition of the accused that may provide grounds for the discharge of the accused under paragraph 672.54(a) or (b) and, if there has been such a change, the court or Review Board shall notify every victim of the offence that they are entitled to file a statement in accordance with subsection (14).

EXPLANATION

Section 672.5(13.2) of the Criminal Code of Canada is an important provision in the criminal justice system that outlines the responsibilities of the court or Review Board following receipt of an assessment report on an accused person. The provision requires the court or Review Board to determine whether there has been any change in the mental condition of the accused since the last time the disposition in respect of the accused was made or reviewed. If there has been such a change, the court or Review Board must provide notice to every victim of the offence that they are entitled to file a statement in accordance with subsection (14). The purpose of this provision is to ensure that victims of crime are informed of any change in the mental condition of the accused that may impact their safety and security. Victims are entitled to file a statement with the court or Review Board that outlines their concerns and the potential risks to their safety if the accused is discharged under paragraph 672.54(a) or (b). This statement can be taken into consideration by the court or Review Board when making a decision on the disposition of the accused. The provision reflects the importance of victim engagement in the criminal justice process and recognizes the impact that mental health can have on offenders and their ability to reintegrate into society. It also ensures that the rights and safety of victims are taken into account when making decisions about the release of accused persons with mental health issues. In summary, section 672.5(13.2) is a crucial provision that highlights the importance of considering the mental health of accused persons and the rights and safety of victims in the criminal justice system.

COMMENTARY

Section 672.5(13.2) of the Criminal Code of Canada is an important provision that governs the process for assessing and reviewing an individual's mental condition in the context of a criminal proceeding. The provision requires that the court or Review Board, upon receiving an assessment report, must determine whether there has been any change in the accused's mental condition since the last disposition was made or reviewed. If there has been such a change, the court or Review Board must notify every victim of the offence that they are entitled to file a statement in accordance with subsection (14). This provision highlights the importance of considering an accused's mental condition in making decisions about their disposition in the criminal justice system. The provision recognizes that an individual's mental condition may change over time, and that these changes may have important implications for their risk level and the appropriate level of intervention or treatment. In requiring the court or Review Board to notify victims of any changes in the accused's mental condition, the provision also recognizes the importance of involving victims in the criminal justice process. Victims have a right to be informed and have their voices heard, and the provision ensures that they are given the opportunity to provide input in cases where the accused's mental condition may be a relevant factor. Overall, section 672.5(13.2) of the Criminal Code of Canada is an important provision that underscores the importance of considering an accused's mental condition in the criminal justice system. It highlights the need for ongoing assessment and review, and emphasizes the important role of victims in the criminal justice process. By ensuring that all relevant factors are considered in making decisions about an accused's disposition, the provision helps to ensure that justice is served and that the needs of all stakeholders are taken into account.

STRATEGY

Section 672.5(13.2) of the Criminal Code of Canada is an important provision that deals with the responsibility of the court or Review Board to determine whether the mental condition of an accused has changed since the last time the disposition in respect of the accused was made or reviewed, and if so, to notify every victim of the offence that they are entitled to file a statement in accordance with subsection (14). When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account: 1. Legal Representation: It is important for victims to have legal representation when dealing with this section of the Criminal Code of Canada. This is because the legal process can be complicated and difficult to navigate, and lawyers can help victims understand their rights and obligations under the law. 2. Timing: Victims need to be aware of the timelines involved in filing a statement under subsection (14) of Section 672.5. They should be ready to act promptly as soon as they receive notification from the court or Review Board about any changes in the mental condition of the accused. 3. Nature of the Statement: Victims should be mindful of the nature of the statement they want to file. The statement should be well-drafted, factually accurate, and should clearly articulate the victim's views and concerns about the case. It should also be respectful and non-inflammatory. 4. Impact on the Disposition: Victims should be aware that their statement may have an impact on the disposition of the case. The court or Review Board may take their statement into consideration when making a decision about whether the accused should be discharged under paragraph 672.54(a) or (b). Therefore, victims should be prepared to explain why discharge would or would not be appropriate in their view. 5. Support: Victims should be provided with support throughout the process of filing a statement. This could include emotional support from family and friends, as well as access to victim services and counseling. Some strategies that could be employed to deal with this section of the Criminal Code of Canada include: 1. Education: Victims should be educated about their rights and obligations under the law. This could include providing them with informational brochures, workshops, or seminars. 2. Communication: The court or Review Board should communicate clearly and effectively with victims about any changes in the mental condition of the accused, as well as the process for filing a statement under subsection (14). 3. Collaboration: The court, Review Board, and victim services organizations should work together to ensure that victims have access to the support and resources they need to navigate the legal process. 4. Sensitivity: The court or Review Board should approach victims with sensitivity and empathy, recognizing the emotional toll that the criminal justice system can have on them. In conclusion, Section 672.5(13.2) of the Criminal Code of Canada is an important provision that protects the rights of victims in the criminal justice system. Victims need to have legal representation, be aware of the timelines involved, and provide a well-drafted statement that clearly articulates their views and concerns. The court or Review Board should communicate effectively, collaborate with victim services organizations, approach victims with sensitivity, and prioritize support and resources for victims throughout the process.