Criminal Code of Canada - section 672.14(2) - Exception in fitness cases

section 672.14(2)

INTRODUCTION AND BRIEF DESCRIPTION

Assessment orders to determine an accuseds fitness to stand trial cannot last more than five days, unless the accused and prosecutor agree to a longer period up to 30 days.

SECTION WORDING

672.14(2) No assessment order to determine whether the accused is unfit to stand trial shall be in force for more than five days, excluding holidays and the time required for the accused to travel to and from the place where the assessment is to be made, unless the accused and the prosecutor agree to a longer period not exceeding thirty days.

EXPLANATION

Section 672.14(2) of the Criminal Code of Canada sets out the maximum duration of an assessment order to determine whether an accused is unfit to stand trial. This means that if there are concerns about the accused's mental fitness to go to trial, a court can order an assessment to be conducted by a qualified professional. The purpose of the assessment is to determine whether the accused has the capacity to understand the nature and consequences of the criminal proceedings against them and to be able to effectively communicate with their lawyer. According to this section, the assessment order cannot be in force for more than five days, excluding holidays and travel time, unless both the accused and the prosecutor agree to a longer period not exceeding thirty days. This ensures that the assessment is conducted in a timely manner, without unnecessary delays, while also allowing for an extension of the order if needed. The purpose of this time limit is to protect the rights of the accused and to ensure that they receive a fair trial. If an accused is not fit to stand trial, they cannot be held criminally responsible for their actions. Therefore, it is crucial that the assessment process is conducted efficiently and effectively. Overall, section 672.14(2) is an important provision within the Criminal Code of Canada that ensures that individuals facing criminal charges are assessed for their mental fitness in a timely manner. This helps to uphold the principles of fairness and justice within the criminal justice system.

COMMENTARY

Section 672.14(2) of the Criminal Code of Canada stipulates that no assessment order to determine an accused's fitness to stand trial should last more than five days, excluding holidays and travel time. However, this can be extended up to a maximum of thirty days if both the accused and prosecutor agree. This provision aims to balance the rights of the accused to a timely trial and the need for a fair and thorough assessment of their mental health status. The assessment of an accused's fitness (also known as "fitness to stand trial") is a critical component of the criminal justice system. Assessments help determine whether an accused person is capable of understanding the charges against them, communicating with their lawyer, and participating meaningfully in their own trial. If an accused is found to be unfit, the trial cannot proceed until they are deemed fit to stand trial. Given the importance of fitness assessments, it is understandable that there would be concern about lengthy and unnecessary delays. The limitation on the length of assessment orders laid out in section 672.14(2) is designed to reduce those delays. One potential concern with this provision is whether five days is enough time for a thorough assessment to be conducted. This may depend on the individual circumstances of each case, including the complexity of the mental health issue at hand, the availability of assessors, and the location of the assessment. It is also worth noting that the provision allows for an extension of up to thirty days with agreement from both parties. This suggests that, in some cases, a longer assessment period may be warranted. Another challenge with this provision is the potential for an accused person to feel pressured to agree to a longer assessment period than they feel is necessary or fair. This may be especially true for individuals who are facing other stressors, such as being held in custody or dealing with mental health issues. It is important that individuals are fully informed of their rights and options when it comes to fitness assessments and are not coerced into agreeing to an extension if they do not believe it is in their best interest. Overall, section 672.14(2) of the Criminal Code of Canada seeks to balance the need for timely justice with the need for fair and thorough fitness assessments. While there may be some concerns with the length of time allowed for assessments and the potential for coercion, this provision is an example of the legal system attempting to find a middle ground between competing interests. As with any legal provision, it will be important for practitioners and decision-makers to ensure that it is applied fairly and appropriately in each individual case.

STRATEGY

Section 672.14(2) of the Criminal Code of Canada imposes important limitations on the duration of an assessment order to determine an accused's fitness to stand trial. This provision has significant strategic implications for both the prosecution and the defense. One of the main considerations for the prosecution is to ensure that the assessment is completed within the five-day time frame (excluding holidays and travel time) unless the accused and the prosecutor agree to a longer period not exceeding thirty days. If the assessment is not completed within the specified time, the accused may be released from custody or the charges may be dismissed altogether. As such, the prosecution should ensure that the assessment is scheduled as early as possible and that all necessary arrangements are put in place so that the assessment can be completed within the allotted time. On the defense side, the five-day time frame can be used strategically to potentially delay the trial or gain additional time to prepare a defense. The defense may request an assessment order to determine fitness to stand trial at a time when the trial date is looming or when there is a need for additional time to prepare the defense. By doing so, the defense can effectively "stop the clock" and buy some additional time to prepare the case. However, the defense should carefully weigh the potential benefits of such a strategy against the risk of the charges being dismissed if the assessment is not completed within the five-day time frame. Another strategic consideration for both the prosecution and the defense is the need to negotiate and agree on the duration of the assessment order. While the maximum duration of an assessment order is 30 days, this is subject to the agreement of both the accused and the prosecutor. The duration of the assessment can have significant implications for both sides, as a longer assessment can provide more detailed information about the accused's fitness to stand trial, but it can also delay the trial and potentially weaken the prosecution's case if the accused is found unfit to stand trial. In light of these considerations, some strategies that could be employed include: - For the prosecution: Schedule the assessment as early as possible, ensure that all necessary arrangements are put in place for a timely assessment, and negotiate a reasonable duration for the assessment with the defense. - For the defense: Request an assessment order strategically to potentially delay the trial or gain additional time to prepare the defense, but carefully weigh the risks and benefits of such a strategy and negotiate a reasonable duration for the assessment with the prosecution. - For both sides: Consider the potential consequences of the assessment timing and duration on the trial and the case as a whole, and negotiate in good faith to ensure a fair and efficient process.