INTRODUCTION AND BRIEF DESCRIPTION
The Review Board must review the detention of an accused when they receive notice of a subsequent imprisonment sentence.
SECTION WORDING
672.81(3) Where an accused is detained in custody pursuant to a disposition made under paragraph 672.54(c) and a sentence of imprisonment is subsequently imposed on the accused in respect of another offence, the Review Board shall hold a hearing to review the disposition as soon as is practicable after receiving notice of that sentence.
EXPLANATION
Section 672.81(3) is a provision under the Criminal Code of Canada that outlines the circumstances in which a Review Board must hold a hearing to review the detention of an accused person who has been sentenced to imprisonment for another offence. This provision applies when an accused is detained in custody as a result of a disposition made under paragraph 672.54(c). Paragraph 672.54(c) allows a court to detain an accused person in custody who has been found not criminally responsible on account of a mental disorder if they pose a significant risk of committing another offence. In the event that the accused person receives a sentence of imprisonment in respect of another offence, the Review Board is required to hold a hearing to review the detention as soon as practicable after receiving notice of that sentence. The purpose of the hearing is to reassess the risk posed by the accused and determine if they continue to require detention or whether they can be released into the community with appropriate safeguards. The provision ensures that individuals who have been found not criminally responsible on account of a mental disorder and detained in custody are not subjected to indefinite detention without periodic review. It recognizes the importance of striking a balance between the protection of the public and the rights of the accused. It also highlights the significance of integrating mental health considerations into the criminal justice system and ensuring that individuals with mental disorders receive appropriate care and treatment.
COMMENTARY
Section 672.81(3) of the Criminal Code of Canada plays an instrumental role in ensuring that individuals who have been detained in custody pursuant to a disposition made under paragraph 672.54(c) are provided with appropriate statutory rights and procedural safeguards. Under paragraph 672.54(c) of the Criminal Code of Canada, commonly referred to as a "disposition order," a court may order that an individual who has been found not criminally responsible for an offence be detained in custody for an indeterminate period of time. This is typically done when it is determined that the individual poses a continuing risk to public safety and that the detention is necessary to protect the public. However, when an individual who has been detained under a disposition order is subsequently sentenced to imprisonment in respect of another offence, there may be questions about the continued necessity and appropriateness of the detention order. This is where section 672.81(3) comes into play. The provisions of section 672.81(3) ensure that the Review Board, which is responsible for overseeing the detention and treatment of individuals who have been found not criminally responsible, holds a hearing to review the continued necessity and appropriateness of the disposition order in light of the individual's imprisonment sentence. The Review Board is required to hold the hearing "as soon as is practicable" after receiving notice of the sentence of imprisonment. This timing requirement is crucial to ensure that the individual's statutory rights to a hearing are respected and that any changes to the disposition order are made in a timely manner. Importantly, the review conducted under section 672.81(3) is not a re-determination of the individual's guilt or innocence in relation to the offence that led to the disposition order. Rather, it is a review of the appropriateness of the detention order in light of new information that has come to light due to the individual's imprisonment sentence. This may include information about the individual's progress and treatment while in custody, as well as any new evidence about their risk to public safety. Overall, section 672.81(3) ensures that individuals who have been detained under a disposition order are provided with appropriate procedural safeguards and statutory rights. The review conducted pursuant to this provision provides an important mechanism to ensure that detention orders are only used when necessary and that they are adjusted as circumstances change. This helps to balance the interests of public safety with the individual rights of those detained under the disposition order.
STRATEGY
Section 672.81(3) of the Criminal Code of Canada outlines the requirement for a review board to hold a hearing when an accused is detained in custody, and subsequently receives a sentence of imprisonment for another offence. This section presents a number of strategic considerations for the accused, their legal counsel, and the Review Board. When dealing with this section, the accused and their legal counsel must consider the potential implications of a review hearing. If the review board determines that the original disposition was no longer necessary, the accused may be released from custody. Alternatively, the review board may determine that the disposition remains necessary, which could extend the accused's period of detention. One strategy that could be employed by the accused is to provide evidence to the Review Board that demonstrates their progress and rehabilitation while in custody. This may include evidence of completed programming, counselling, or other activities that show the accused has taken steps towards addressing the underlying issues that led to their detention. Another strategy for the accused could be to seek legal representation specifically for the review hearing. An experienced lawyer can navigate the complexities of the review process, advocate on behalf of the accused, and help ensure that their rights are protected. For the Review Board, a key consideration is the need to balance public safety with the rights of the accused. The Board must consider whether the original disposition remains necessary for the protection of the public, or whether the accused's progress and rehabilitation warrant their release. One strategy that the Review Board could employ is to conduct a thorough assessment of the accused's progress and rehabilitation, including any relevant reports or information provided by the accused or their legal counsel. The Board could also consider any potential risks associated with releasing the accused, and take steps to mitigate those risks if necessary. Overall, when dealing with section 672.81(3) of the Criminal Code of Canada, all parties involved must carefully consider their actions and strategies, taking into account the potential consequences for the accused and the public. By approaching the process with diligence and attention to detail, it is possible to achieve a fair and just outcome.