INTRODUCTION AND BRIEF DESCRIPTION
The court must send any reports filed regarding an accused to the Review Board to determine appropriate disposition.
SECTION WORDING
672.2(3) The court shall send to the Review Board without delay a copy of any report filed with it pursuant to subsection (2), to assist in determining the appropriate disposition to be made in respect of the accused.
EXPLANATION
Section 672.2(3) of the Criminal Code of Canada outlines the requirement of the court to send a copy of any report filed with it pursuant to subsection (2) to the Review Board without delay. This is meant to assist the Review Board in determining the appropriate disposition to be made in respect of the accused. Subsection (2) requires that the court obtain and consider a report on the mental condition of the accused, as well as any other background information that may be relevant to the determination of the appropriate disposition. This report is prepared by a qualified mental health professional and provides valuable information about the accused's mental health, risk to public safety, and potential for rehabilitation. By sending a copy of this report to the Review Board, the court ensures that the Board has access to all relevant information when making decisions about the accused's detention, conditional release, or discharge. This is particularly important in cases where the accused has a mental illness or disorder that may impact their ability to safely live in the community or comply with conditions of release. Overall, Section 672.2(3) of the Criminal Code of Canada reflects the importance of considering an accused's mental health when making decisions about their disposition. It also highlights the need for collaboration between the court and the Review Board to ensure that the best possible outcomes are achieved for both the accused and the community.
COMMENTARY
Section 672.2(3) of the Criminal Code of Canada is an essential component of the process for determining the appropriate disposition to be made in respect of an accused person who is found unfit to stand trial. This subsection establishes the mandatory requirement for the court to send a copy of any report filed with it by the medical practitioner or psychiatrist who assesses the accused person's fitness to stand trial to the Review Board. The Review Board is the administrative body that determines the disposition of a person who is found unfit to stand trial. The purpose of this subsection is to ensure that the Review Board has access to all available information about the accused's mental health status, which can be crucial in deciding on an appropriate disposition. The report prepared by the medical practitioner or psychiatrist who assesses the accused's fitness to stand trial often includes information about the accused's mental health history, diagnosis, treatment, prognosis, and recommendations for the disposition. This information is critical in determining whether the accused requires hospitalization, community-based treatment, or release with specific conditions. The term "without delay" in this subsection implies a sense of urgency in the court's duty to send the report to the Review Board. The word "shall" used in the subsection indicates that the court has no discretion in this matter; it is obliged to send the report to the Review Board. This requirement ensures that the Review Board can make a timely and informed decision on the disposition of the accused person, thereby preventing any unnecessary delay in the case. Moreover, this subsection specifies that the report filed under subsection (2) is sent to assist in determining the appropriate disposition of the accused person. This implies that the report is not necessarily a binding recommendation, but rather an essential tool that the Review Board can use to determine an appropriate disposition. Thus, the Review Board can consider other factors, such as community safety, the accused's criminal history, and the severity of the offense while determining the appropriate disposition. In conclusion, Section 672.2(3) of the Criminal Code of Canada plays a vital role in ensuring that an accused person found unfit to stand trial is not left without an appropriate disposition. It establishes a mandatory requirement for the court to send a copy of the report filed under subsection (2) to the Review Board without any delay, thus providing the board with critical information about the accused's mental health status. By doing so, the Review Board can make a timely and informed decision, which is essential for the justice system's smooth functioning.
STRATEGY
Section 672.2(3) of the Criminal Code of Canada is an important aspect of criminal law in the country. It requires that the court sends a copy of any report filed with it pursuant to subsection (2) to the Review Board without delay. The Review Board is responsible for determining the appropriate disposition to be made in respect of the accused, and this section of the Criminal Code can be crucial in determining the outcome of a criminal case. One strategy to consider when dealing with this section of the Criminal Code is to ensure that the report filed with the court is as accurate and comprehensive as possible. This can include providing detailed information on the nature of the offense, the accused's history and background, and any relevant medical or psychological information. It can also be helpful to have a skilled legal team that can present this information in a clear and persuasive manner to the court. Another strategic consideration is to understand the role of the Review Board and how it operates. This may involve researching past decisions and outcomes in similar cases, and working closely with legal experts who have experience in dealing with the Review Board and similar bodies. By understanding the factors that are typically considered when making a determination of disposition, it may be possible to craft an effective legal strategy that takes these factors into account. It is also important to ensure that the accused's rights are protected throughout the legal process. This can include ensuring that the accused has access to legal counsel and is fully informed of the charges they are facing and the potential consequences of the case. It may also involve advocating for the accused's interests during any hearings before the Review Board or other similar bodies. Overall, when dealing with Section 672.2(3) of the Criminal Code of Canada, a strategic approach can be critical to achieving a positive outcome for the accused. This may involve a comprehensive and persuasive legal case, an understanding of the role of the Review Board, and close attention to the accused's rights and interests throughout the legal process. By pursuing a thorough and strategic approach, it may be possible to protect the rights of the accused and achieve a just outcome in the case.