section 672.191

INTRODUCTION AND BRIEF DESCRIPTION

This section requires an accused person to appear before the court or Review Board after an assessment order is made.

SECTION WORDING

672.191 An accused in respect of whom an assessment order is made shall appear before the court or Review Board that made the order as soon as practicable after the assessment is completed and not later than the last day of the period that the order is to be in force.

EXPLANATION

Section 672.191 of the Criminal Code of Canada outlines the requirements for an accused individual who has been ordered to undergo a psychiatric assessment. When an assessment order is made, the accused person must appear before the court or Review Board that issued the order as soon as possible after the assessment is completed. This appearance must occur no later than the last day of the period for which the order is in force. The purpose of this section is to ensure that the results of the psychiatric assessment are properly considered by the court or Review Board, and that the accused person has an opportunity to respond to the results of the assessment. When an accused person undergoes a psychiatric assessment, the results of that assessment can be a key factor in determining whether they are fit to stand trial or whether they are criminally responsible for their actions. By requiring the accused person to appear before the court or Review Board once the assessment is complete, this section helps to ensure that the assessment is properly considered in the legal proceedings, and that the accused person has an opportunity to respond to any findings or recommendations made in the assessment. It also ensures that the assessment process proceeds efficiently, and that the accused person is not unnecessarily detained beyond the period for which the assessment order is in force. Ultimately, this provision helps to ensure that justice is served in cases that involve individuals with mental health issues.

COMMENTARY

Section 672.191 of the Criminal Code of Canada is a critical provision that outlines the legal requirements for an accused individual who has been designated for a psychiatric assessment. When someone is accused of a criminal offense, they are generally required to stand trial, and the court needs to determine whether they are guilty or innocent. However, in certain cases, the accused may require a psychiatric evaluation to determine their mental state and their ability to stand trial. This section mandates that an accused individual who has been ordered to undergo a psychiatric assessment must appear before the court or Review Board that issued the order. The accused must make themselves available as soon as practicable after the assessment is completed and no later than the last day of the period that the order is to be in force. The purpose of this section is to ensure that individuals who are designated for a psychiatric assessment comply with the legal requirements. It is of utmost importance since failure to comply with this directive could result in serious consequences for the accused. For example, if an accused violates the assessment order and fails to present themselves to the court or Review Board within the stipulated timeline, they could be held in contempt of court, face additional charges, or have their bail revoked. Furthermore, this section also ensures that the assessment process is conducted in a timely and efficient manner. The court or Review Board needs to assess the accused's mental state and competencies within the prescribed timeline to avoid any undue delay in the legal proceedings. It is also crucial to note that this section upholds the fundamental principle of natural justice. An accused individual has the right to know the charges against them and be given a fair trial. The psychiatric assessment ordered by the courts is not meant to be punitive but rather to determine whether the accused is fit to stand trial or if they require treatment for a mental health condition. In conclusion, Section 672.191 of the Criminal Code of Canada is crucial in ensuring that individuals who require a psychiatric assessment comply with the legal requirements. It also ensures that the assessment process is conducted efficiently and in a timely fashion. Most importantly, it upholds the principle of natural justice by giving the accused individual the right to a fair trial. Overall, this section is critical, and it affirms the Canadian legal system's commitment to providing justice to all its citizens.

STRATEGY

The Criminal Code of Canada section 672.191 imposes a mandatory requirement on individuals who have been ordered for a psychological or psychiatric assessment to appear before the court or review board without any delay as soon as the assessment is completed. The key strategic consideration is to ensure that the assessment report is not delayed, as this would impact the overall case proceedings regarding the accused. One of the primary strategies that could be employed by counsel or the accused is to obtain an assessment order earlier in the proceedings to allow sufficient time for the assessment to be completed before the last day of the period. The assessment report would provide essential information that could be used to establish various legal and factual arguments or used during plea negotiations. Therefore, waiting until the last day of the order could significantly jeopardize the strength of the accused's case. Additionally, counsel could also carefully review the assessment order to avoid any errors or omissions that could result in the misuse of the results or delay in the proceedings. It is best to ensure that the assessment is ordered by a duly authorized court or review board. If there are any issues with the assessment process, such as the choice of assessor or the fairness and expertise of the assessor, counsel could move to set aside the assessment order to protect the accused's interests. Another strategy would be to use the assessment report to negotiate a plea deal with the prosecution before the mandatory appearance before the court - particularly in cases where the accused may be facing significant prison time, or where the evidence against them is strong. For instance, if the assessment report indicates the presence of mental illness or mental impairment, counsel could use this information to negotiate a plea bargain with reduced charges or an agreement on a more lenient sentencing recommendation. Moreover, it is also essential to prepare the accused for the mandatory appearance before the court or review board. The accused should be informed of the significance of the assessment report and the potential role it may play in the proceedings. Counsel could also provide the accused with a summary of the assessment report to prepare them for any potential questioning. In conclusion, section 672.191 of the Criminal Code of Canada is a critical provision that requires mandatory appearances for the accused in the case of assessment orders. It is essential to carefully consider and plan the strategic approach to deal with this section to ensure that the accused's interests are well protected, and the proceedings are not delayed due to any errors or omissions. Employing the above-mentioned strategies in cases involving assessment orders would be useful for ensuring proper legal proceedings.