system cannot be used as a proxy for child protection, mental health or other “appropriate social measures.” When A Court May Order An Assessment Section 672.12(1) of the empowers a court to order an assessment of an Criminal Code accused any stage of the proceedings on its own motion, or on the application of the accused. However, certain limitations exist on the application by a prosecutor. In summary conviction matters, which are the norm in youth justice court, prosecutors may only apply for an assessment order to determine if the accused is fit to stand if: The accused raised the issue of fitness; or The prosecutor satisfies the that there are reasonable grounds to doubt that the accused is fit to stand trial. Furthermore, where the prosecutor applies for an assessment in order to determine if an accused person was not criminally responsible at the time of the offence, the court may only order the assessment if: The accused puts his or her mental capacity for criminal intent into issue; or The prosecutor satisfies the court that there are reasonable grounds to doubt that the accused is criminally responsible for the alleged offence, on account of mental disorder. Contents of Assessment Orders Section 672.13 of the establishes the requirements of an assessment order. An Criminal Code assessment order must specify: the service that or the person who is to make the assessment, or the hospital where it is to be made; whether the accused is to be detained in custody the order is in force; and the period that the order is to be in force, including the time required for the assessment and for the accused to travel to and from the place where the assessment is to be made. Assessment orders are made in is a proscribed form under the Criminal Code of Canada.
system cannot be used as a proxy for “appropriate child protection, mental health or other social measures.” When A Court May Order An Assessment Section 672.12(1) of the Criminal Code empowers a court to order an assessment of an accused any stage of the proceedings on its own motion, or on the application of the accused. However, certain limitations exist on the application by a prosecutor. In summary conviction matters, which are the norm in youth justice court, prosecutors may only apply for an assessment order to determine if the accused is fit to stand if: The accused raised the issue of fitness; or The prosecutor satisfies the that there are reasonable grounds to doubt that the accused is fit to stand trial. Furthermore, where the prosecutor applies for an assessment in order to determine if an accused person was not criminally responsible at the time of the offence, the court may only order the assessment if: The accused puts his or her mental capacity for criminal intent into issue; or The prosecutor satisfies the court that there are reasonable grounds to doubt that the accused is criminally responsible for the alleged offence, on account of mental disorder. Contents of Assessment Orders Section 672.13 of the Criminal Code establishes the requirements of an assessment order. An assessment order must specify: the service that or the person who is to make the assessment, or the hospital where it is to be made; whether the accused is to be detained in custody the order is in force; and the period that the order is to be in force, including the time required for the assessment and for the accused to travel to and from the place where the assessment is to be made. Assessment orders are made in is a proscribed form under the Criminal Code of Canada.