A Crime Victim's Guide to the Criminal Justice System
Mentally Disordered Accused
Mental capacity is an important issue in the criminal trial process. An accused person must be able to understand the purpose and consequences of the criminal proceedings and be able to instruct counsel. If there is doubt about the accused person's ability to do so, the issue of fitness to stand trial is raised. In other cases, the accused may be fit to stand trial, but may ask the court to find that he or she is not criminally responsible on account of a mental disorder.
When these issues arise, the court will order a psychiatric assessment of the accused. A separate hearing will be held to determine whether the accused is fit to stand trial or whether the accused was suffering from a mental disorder at the time of the offence so could not be criminally responsible.
If the accused is declared unfit to stand trial, the matter will not proceed to trial at that time. In most cases the court may order that the accused be placed in a psychiatric institution or released under supervision in the community. Placement in a treatment program or institution can last for an indefinite period of time, but the individual will be reviewed annually and the Crown must bring the case to the attention of the court every two years. If the individual becomes fit to stand trial, he or she may be put on trial at that time.
If the accused was unable, because of a mental disorder, to understand the nature and consequences of his or her actions or that the actions were wrong, he or she will not be held criminally responsible for the offence. This special verdict acknowledges that the accused committed the offence, but finds the accused suffered from a mental disorder that made him or her incapable of appreciating the nature and quality of the actions or that the actions were wrong.
When a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is made, the court or a review board may hold a disposition hearing. The court or the review board must take into account the need to protect the public from dangerous persons, the mental condition of the accused and his or her needs, and the reintegration of the accused into society. If the court or review board finds that the accused is not a significant threat to the safety of the public, the accused may receive an absolute discharge.
Otherwise, the court or review board can discharge the accused subject to appropriate conditions or direct that the accused be detained in custody in a hospital, subject to appropriate conditions.
Victims may submit a victim impact statement describing the harm or loss suffered as a result of the offence, and will be allowed to read their statement aloud in appropriate circumstances if they wish. This information may be considered in determining appropriate conditions. Victims of mentally disordered accused persons are also entitled, at their request, to receive notice of the initial disposition hearing and all subsequent hearings where an assessment report indicates a change in the mentally disordered person’s mental condition which could lead to a conditional disposition or absolute discharge. Victims may file a victim impact statement at each hearing.
The law presumes that everyone is fit to stand trial, and every person is presumed not to suffer from a mental disorder that would exempt him or her from criminal responsibility. This means that either the defence or prosecution must raise the issue and prove that the accused is unfit to stand trial or not criminally responsible.
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