Criminal Code of Canada - section 672.15(2) - Maximum duration of extensions

section 672.15(2)

INTRODUCTION AND BRIEF DESCRIPTION

Assessment orders cannot exceed 30 days and the total period including extensions cannot exceed 60 days.

SECTION WORDING

672.15(2) No extension of an assessment order shall exceed thirty days, and the period of the initial order together with all extensions shall not exceed sixty days.

EXPLANATION

Section 672.15(2) of the Criminal Code of Canada deals with the time period for which an assessment order can be in effect. An assessment order is a legal order which requires an individual who has been charged with a criminal offence to undergo a mental health assessment. The purpose of this assessment is to determine whether the individual is able to understand the charges against them and to instruct counsel, as well as to determine whether they are fit to stand trial or whether they require psychiatric treatment. According to section 672.15(2), the maximum time period for an assessment order, including any extensions, is 60 days. This means that the initial order can be in effect for up to 30 days, and if necessary, it can be extended once for an additional 30 days. After this time period, the assessment must be completed, and a report must be provided to the court. This section is important because it ensures that the assessment process is completed in a timely manner, which is crucial for ensuring that the individual's rights are protected. If the assessment process were to be too lengthy, the individual's right to a fair trial could be compromised. Additionally, by limiting the time period for the assessment order, it ensures that the individual is not subjected to unnecessary detention or treatment. Overall, section 672.15(2) is an important provision in the Criminal Code of Canada, which helps to ensure that individuals who are charged with criminal offences and require mental health assessments are treated fairly and appropriately.

COMMENTARY

Section 672.15(2) of the Criminal Code of Canada is a provision that governs the length of time for which an assessment order can be extended. According to this provision, the maximum length of an assessment order is sixty days, which includes all extensions of the initial order. This means that an assessment order can be extended once for up to thirty days, but no more than that. This provision is an important safeguard against the potential abuse of the assessment order process and ensures that individuals are not subjected to prolonged periods of detention and assessment without sufficient cause. The purpose of an assessment order is to assess an accused person's mental state at the time of an alleged offense. This assessment is conducted to determine whether the accused person is fit to stand trial or if they suffer from a mental illness that precludes them from being held criminally responsible for their actions. The assessment can be conducted by a qualified medical practitioner and usually involves a range of tests, interviews, and evaluations. An assessment order can only be authorized by a judge or justice of the peace who is satisfied that there are reasonable grounds to believe that the accused person may be unfit to stand trial or may be suffering from a mental illness that affects their ability to understand the proceedings against them. The time limit for an assessment order is an important safeguard against the potential abuse of this process. Without this limit, an accused person could be detained and assessed for an indefinite period of time, which would constitute a violation of their rights and freedoms. The maximum length of sixty days ensures that the assessment is conducted in a timely manner and that the accused person is not held in detention for longer than necessary. It also ensures that the assessment is conducted efficiently, without undue delay, and without unnecessary costs. In addition, the time limit for an assessment order promotes the principles of fairness and justice. The assessment order process is designed to protect the rights of accused persons and to ensure that justice is served. By imposing a limit on the length of the assessment order, the justice system can strike a balance between protecting the rights of accused persons and ensuring that justice is served in a timely and efficient manner. This limit ensures that the assessment order is used judiciously and only when necessary, rather than as a tool for unjustified detention or harassment. In conclusion, Section 672.15(2) of the Criminal Code of Canada is a necessary provision that governs the length of time for which an assessment order can be extended. This provision is an important safeguard against the potential abuse of the assessment order process and ensures that accused persons are not subjected to prolonged periods of detention and assessment without sufficient cause. The time limit of sixty days strikes a balance between protecting the rights of accused persons and ensuring that justice is served in a timely and efficient manner. Overall, this provision promotes the principles of fairness and justice, which are fundamental to the Canadian justice system.

STRATEGY

Section 672.15(2) of the Criminal Code of Canada places a limit on the length of an assessment order, including any extensions. This means that counsel must carefully consider their strategy when dealing with this section of the code, as it may impact the length of time their client will spend in custody or under assessment. One strategic consideration when dealing with this section is to ensure that the initial order is as short as possible by providing the court with comprehensive and detailed assessment reports in a timely manner. This can help to expedite the process and prevent the need for extensions. However, if an extension is necessary, counsel may need to present additional evidence to the court to justify the need for the extension, such as expert reports or witness testimony. Another consideration is to negotiate with the prosecutor to come to an agreement on the length of the assessment order and any potential extensions. This can be particularly useful in cases where the evidence is strong and the accused is unlikely to be found not criminally responsible, as it may be beneficial to reach an agreement on the length of the assessment order in exchange for a guilty plea. Strategies that could be employed to deal with this section of the code include conducting a thorough review of the evidence and retaining expert witnesses to provide detailed assessments and reports. This can help to ensure that the court has all the necessary information to make an informed decision about the length of the assessment order. Counsel could also prepare a comprehensive submission to the court outlining the reasons why an extension may be necessary and providing evidence to support this request. This can include medical reports, psychiatric assessments, and testimony from witnesses who can speak to the accused's mental state or history. In some cases, it may be appropriate to challenge the validity of the assessment order or argue that it is unconstitutional. For example, if the accused has already undergone multiple assessments, it may be argued that further assessments would be unduly oppressive or violate the accused's rights. Overall, counsel must carefully consider their strategy when dealing with section 672.15(2) of the Criminal Code of Canada, as it can have a significant impact on their client's rights and freedoms. By preparing thoroughly and presenting strong evidence to the court, counsel can help to ensure that their client's rights are protected and that the assessment process is fair and efficient.