INTRODUCTION AND BRIEF DESCRIPTION
When a court makes a disposition other than absolute discharge, the Review Board must hold a hearing and make a disposition within 90 days.
SECTION WORDING
672.47(3) Where a court makes a disposition under section 672.54 other than an absolute discharge in respect of an accused, the Review Board shall, not later than ninety days after the disposition was made, hold a hearing and make a disposition in respect of the accused.
EXPLANATION
Section 672.47(3) of the Criminal Code of Canada outlines the requirement for a review board to hold a hearing and make a disposition in respect of an accused after a court has made a disposition under section 672.54 in a criminal case. Section 672.54 provides for the possibility of alternative dispositions, such as a conditional discharge or a long-term supervision order, instead of a traditional custodial sentence. In cases where the court imposes such an alternative disposition, the review board must conduct a hearing within 90 days of the disposition and make a separate decision regarding the accused. This is intended to ensure that there is ongoing monitoring and consideration of the accused's situation and risk level. The review board has the authority to make various dispositions, such as requiring the accused to comply with certain conditions or treatment programs, or detaining or releasing the accused subject to conditions. The purpose of these dispositions is to balance the need for public safety with the rehabilitation and reintegration of the accused. Overall, Section 672.47(3) ensures that there is ongoing oversight and monitoring of individuals who have received alternative dispositions in criminal cases, with the goal of promoting public safety and rehabilitation.
COMMENTARY
Section 672.47(3) of the Criminal Code of Canada sets out the mandatory requirement for a Review Board to hold a hearing and make a disposition in respect of an accused within 90 days, where a court makes a disposition under section 672.54 other than an absolute discharge. This provision ensures that individuals who are found not criminally responsible or unfit to stand trial are not left without appropriate supervision and treatment. Section 672.54 provides for a range of dispositions that a court may make for an individual who is found not criminally responsible or unfit to stand trial, including an absolute discharge, a conditional discharge, a detention order in a hospital, a community treatment order, or a custody and treatment order. An absolute discharge results in the accused being released into the community with no further supervision or treatment, while all other dispositions involve some form of ongoing supervision and treatment either in the community or in a hospital setting. Where a court orders a disposition other than an absolute discharge, it is necessary for a Review Board to hold a hearing and make its own disposition within 90 days. This ensures that the accused are not left without appropriate supervision and treatment for an extended period, which could negatively impact their recovery and rehabilitation. The Review Board is responsible for considering the individual's mental health status, the risk they pose to public safety, and the appropriate level of supervision and treatment necessary to manage their condition. The requirement for a timely Review Board hearing and disposition is an important safeguard in the system for dealing with individuals who are found not criminally responsible or unfit to stand trial. It is crucial that these individuals receive appropriate treatment and supervision, as well as ongoing monitoring of their condition and progress towards recovery. The Review Board plays a critical role in ensuring that the conditions of the accused are properly managed, and that public safety is protected. In addition to the requirement for a timely Review Board hearing, the Criminal Code also provides for periodic reviews of the accused's condition and progress by the Review Board. This ensures that the treatment and supervision provided to the accused remain appropriate and effective over time, and that any changes in the individual's condition are closely monitored and addressed. Overall, Section 672.47(3) of the Criminal Code of Canada is an important provision that helps to ensure that individuals who are found not criminally responsible or unfit to stand trial receive appropriate supervision and treatment. Its requirement for a timely Review Board hearing and disposition is a crucial safeguard in the system, and helps to ensure that the accused receive the care and support they need for successful rehabilitation and reintegration into society.
STRATEGY
Section 672.47(3) of the Criminal Code of Canada imposes an obligation on the Review Board to hold a hearing and make a disposition in respect of an accused within 90 days following a court's disposition under section 672.54. If the court did not make an absolute discharge, the Review Board is responsible for deciding what type of disposition is appropriate. Strategic considerations arise when dealing with this section of the Criminal Code since the Review Board must consider the safety of the public, the risk of the accused reoffending, and the personal circumstances of the accused. One strategy is to present strong evidence at the hearing to obtain a favorable disposition for the accused. The accused's counsel should provide the Review Board with any relevant information on the accused's mental health, behavior, history, and treatment. The counsel can also present expert witnesses or medical professionals to support the accused's case. By doing so, the likelihood of obtaining a favorable disposition is increased. Another strategy is to develop a relationship between the accused and the Review Board. The Review Board is responsible for making critical decisions affecting the accused's future. Therefore, it is imperative that the accused and their counsel establish a rapport with the Board. One way to do this is to communicate openly and transparently with the Board. By doing so, the Review Board understands the challenges the accused faces in re-entering society and can recommend the appropriate support systems to ensure the successful reintegration of the accused into society. A third strategy is to understand the rules and procedures of the Review Board. The Review Board operates within a strict set of rules and procedures. An individual can obtain legal assistance or counsel to ensure that all rules and procedures are correctly followed. Failure to adhere to the rules can result in undesirable outcomes. Therefore, it is critical to understand the procedures of the Review Board. Section 672.47(3) of the Criminal Code of Canada is a critical section that requires careful handling. Employing the right strategies increases the likelihood of a favorable disposition for the accused. By presenting strong evidence, developing a relationship with the Review Board, and understanding the rules and procedures, the accused and their counsel can navigate through the system in a way that favors their clients.