section 672.15(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a court or Review Board to extend an assessment order on the application of either the accused or prosecutor to complete the assessment of the accused.

SECTION WORDING

672.15(1) Subject to subsection (2), a court or Review Board may extend an assessment order, of its own motion or on the application of the accused or the prosecutor made during or at the end of the period during which the order is in force, for any further period that is required, in its opinion, to complete the assessment of the accused.

EXPLANATION

The Criminal Code of Canada provides various provisions and procedures to ensure that an accused person receives a fair trial and is not subjected to any undue hardship or punishment. One of the important sections of the Code is 672.15(1), which deals with the extension of assessment orders. An assessment order is a court order that directs a person to undergo a psychiatric or psychological assessment to determine their mental fitness to stand trial or to be declared not criminally responsible due to a mental disorder. This assessment may be required if there is reason to believe that the accused person may not be able to understand the nature of the charges against them or to participate meaningfully in their defense. Under section 672.15(1), a court or Review Board may extend an assessment order for any further period that is required to complete the assessment of the accused. This extension may be granted either on the court's own motion or on the application of the accused or the prosecutor. This provision is important as it allows for a fair and comprehensive assessment of the accused's mental state before proceeding with the trial. An extension of the assessment order may be necessary if, for instance, the assessment is not completed within the original timeframe or if the results are inconclusive. The court or Review Board must be satisfied that the extension is justified and necessary to ensure the accused receives a fair trial. Overall, Section 672.15(1) helps to ensure that an accused person receives a fair trial by providing for a thorough assessment of their mental fitness. It allows for extensions of assessment orders where necessary, ensuring that the court has all the information needed to make a just decision.

COMMENTARY

Section 672.15(1) of the Criminal Code of Canada allows a court or review board to extend an assessment order upon its own initiative or upon the request of the accused or prosecutor. The extension can be for any duration that the court feels is required to complete the assessment of the accused. In essence, this section of the Criminal Code provides an important safeguard for an accused person's rights by ensuring that their mental health or condition is fully assessed before a final decision is made about their criminal case. Assessment orders are issued when there is a question or concern about the mental health or fitness of an accused person to stand trial. This assessment helps to ensure that the accused person can understand the charges against them, the nature of the legal proceedings, and can meaningfully participate in their defense. Assessments can also identify any mental health issues that may have played a role in the alleged criminal behavior. Without a proper assessment, a person may be found guilty without fully understanding the implications of their actions and without receiving the appropriate supports or treatment. Section 672.15(1) gives the court discretion to decide how long an assessment order should last. This discretion ensures that each case is treated on its individual merits. There is no fixed time frame for a mental health assessment, as it depends on the individual's needs and the complexity of the assessment. An assessment may be shorter if it is determined that the accused is not suffering from any mental health issues, or if it is clear that they are fit to stand trial. On the other hand, an assessment may take longer if there is a need for more in-depth evaluations, such as therapy or consultation with other professionals. By giving the court the power to extend the assessment order, section 672.15(1) allows for a more thorough review of the accused's mental health and fitness to stand trial. This can result in more just outcomes for the accused, as well as ensuring public safety when the accused is released back into the community. The assessment can reveal underlying issues that may have contributed to the criminal behavior, and address these issues in a more effective way than a simple guilty verdict. Moreover, this provision provides an additional level of protection for those who may suffer from mental health issues. It recognizes the complexity of mental illness and the need for proper diagnosis and treatment before a person is held accountable for their actions. In addition, it ensures that the accused's mental health is taken into account during the legal process, rather than serving as an excuse for criminal behavior. Overall, section 672.15(1) plays an important role in ensuring that mentally ill individuals are treated fairly during the criminal justice process. It recognizes the importance of mental health assessments and provides necessary safeguards to prevent unjust outcomes. This provision is an essential component of the Canadian criminal justice system and is emblematic of Canada's commitment to fairness, justice, and compassion when dealing with those who suffer from mental illness.

STRATEGY

Section 672.15(1) of the Criminal Code of Canada empowers the court or Review Board to extend an assessment order for any further period that is required to complete the assessment of the accused. This provision is critical for both the accused and the prosecutor as it determines the length of time an accused individual must undergo a psychiatric assessment before the court can make a determination on their mental capacity to stand trial or their criminal responsibility for the alleged offense. There are several strategic considerations that lawyers representing the accused or the prosecutor should keep in mind when dealing with this section of the Criminal Code of Canada. Firstly, the timing of the application for an extension is crucial. If the application for an extended assessment order is made too early, it may be denied or not granted for as long as the party desires. Similarly, if the application is made too late, it may result in the accused being released from custody without undergoing a final psychiatric assessment, which could lead to undesirable outcomes, such as the accused committing further crimes. Secondly, the prosecutor and the defence counsel must consider the strength of their respective cases. If the prosecution has a strong case against the accused, they may want to delay the psychiatric assessment to prevent the accused from using a mental disability as a defense. In contrast, if the accused has a strong defense, they may want to expedite the assessment process to minimize their time in custody. Thirdly, both the prosecutor and defense counsel should be aware of how the psychiatric evaluation might influence sentencing. The assessment results could indicate that the accused needs rehabilitation rather than punishment, which could influence the prosecutor's decision to proceed with the case. Fourthly, the cost of conducting a psychiatric assessment must also be considered. Assessments can be time-consuming and expensive, so both parties must weigh the cost implications of the evaluation against the potential benefits of having a final diagnosis. In light of these considerations, some strategies could be employed when dealing with Section 672.15(1) of the Criminal Code of Canada. For instance, if the prosecutor is concerned about an accused using a mental disability as a defense, they could seek an extension of the assessment order early on in the proceedings. Alternatively, if the defense has a strong case, they could request the evaluation be completed in a shorter period. Another strategy would be to negotiate a plea bargain before the trial date, which could involve the accused agreeing to undergo a psychiatric assessment in exchange for a reduced sentence or other forms of leniency. In summary, section 672.15(1) of the Criminal Code of Canada is an important provision that must be carefully considered by both the accused and the prosecutor. The strategies employed will vary depending on the strength of the case, timing of the application, cost of the assessment, and potential sentencing impacts. Ultimately, the goal is to complete a fair assessment of the accused's mental health status and ensure they are given a just and appropriate sentence.