• (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1), 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or (5) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,

Canada,

Province of

(territorial division)

Whereas I have reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with ...., may be necessary to determine Footnote ^*

• [ ] whether the accused is unfit to stand trial

• [ ] whether the accused suffered from a mental disorder so as to exempt the accused from criminal responsibility by virtue of subsection 16(1) of the Criminal Code at the time of the act or omission charged against the accused

• [ ] whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, if the accused is a female person charged with an offence arising out of the death of her newly-born child

• [ ] if a verdict of unfit to stand trial or a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused, the appropriate disposition to be made in respect of the accused pursuant to section 672.54 or 672.58 of the Criminal Code

• [ ] if a verdict of unfit to stand trial has been rendered in respect of the accused, whether the court should order a stay of proceedings under section 672.851 of the Criminal Code

I hereby order an assessment of the mental condition of (name of accused) to be conducted by/at (name of person or service by whom or place where assessment is to be made) for a period of .................... days.

This order is to be in force for a total of ............... days, including travelling time, during which time the accused is to remain Footnote ^*

• [ ] in custody at (place where accused is to be detained)

• [ ] out of custody, on the following conditions:

(set out conditions, if applicable)

• Return to footnote ^*Check applicable option.

Dated this ............... day of ............... A.D. ....., at ............... .

Canada,

Province of

(territorial division)

Whereas I have reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with ...., may be necessary to Footnote ^*

• [ ] if a verdict of unfit to stand trial or a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused, make a disposition under section 672.54 of the Criminal Code

• [ ] if a verdict of unfit to stand trial has been rendered in respect of the accused, determine whether the Review Board should make a recommendation to the court that has ju­risdiction in respect of the offence charged against the accused to hold an inquiry to determine whether a stay of proceedings should be ordered in accordance with section 672.851 of the Criminal Code

I hereby order an assessment of the mental condition of (name of accused) to be conducted by/at (name of person or service by whom or place where assessment is to be made) for a period of .................... days.

This order is to be in force for a total of ............... days, including travelling time, during which time the accused is to remain Footnote ^*

• [ ] in custody at (place where accused is to be detained)

• [ ] out of custody, on the following conditions:

(set out conditions, if applicable)

• Return to footnote ^*Check applicable option.

Dated this ............... day of ............... A.D. ....., at ............... .

Marginal note:1995, c. 22

51. On the later of the day on which subsection 5(2) of An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, chapter 22 of the Statutes of Canada, 1995, comes into force and the day on which section 25 of this Act comes into force, paragraph (b) of the definition “sentence” in section 673 of the Criminal Code is replaced by the following:

• Marginal note:Extension of time for holding inquiry

  (1.1) Despite paragraph (1)(a), the Chief Military Judge may extend the period for holding an inquiry if the Chief Military Judge is satisfied on the basis of an application by the Director of Military Prosecutions or the accused person that the extension is necessary for the proper administration of justice.

• Marginal note:Where prima facie case not made

  (2) If, on the completion of an inquiry held pursuant to this section, the court martial is satisfied that sufficient admissible evidence cannot be adduced to put the accused person on trial, the court martial shall find the accused person not guilty of the charge.

Marginal note:Recommendation of Review Board

• 202.121 (1) The Review Board may, of its own motion, make a recommendation to the Chief Military Judge to cause a court martial to be convened for holding an inquiry to determine whether a stay of proceedings should be ordered in respect of an accused person found unfit to stand trial if

  • (a) the Review Board has held a hearing under section 672.81 or 672.82 of the Criminal Code in respect of the accused person; and

  • (b) on the basis of any relevant information, including disposition information within the meaning of the regulations and an assessment report made under an assessment ordered by the Review Board under paragraph 672.121(a) of the Criminal Code, the Review Board is of the opinion that

    • (i) the accused person remains unfit to stand trial and is not likely to ever become fit to stand trial, and

    • (ii) the accused person does not pose a significant threat to the safety of the public.

• Marginal note:Notice

  (2) If the Review Board makes a recommendation referred to in subsection (1), the Review Board shall provide notice to the accused person, the Director of Military Prosecutions, the Chief Military Judge and any other party who, in the opinion of the Review Board, has a substantial interest in protecting the interests of the accused person.

• Marginal note:Obligation of court martial

  (3) As soon as practicable after receiving the notice referred to in subsection (2), the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial, if the accused person is an officer or a non-commissioned member, or a Special General Court Martial in any other case, for the purpose of determining whether an inquiry should be held to determine whether a stay of proceedings should be ordered and to hold, as soon as practicable, such an inquiry if the court martial determines that it is appropriate.

• Marginal note:Inquiry may be conducted

  (4) Subject to the regulations, a court martial having jurisdiction over an accused person may, of its own motion, conduct an inquiry to determine whether a stay of proceedings should be ordered if the court martial is of the opinion, on the basis of any relevant information, that

  • (a) the accused person remains unfit to stand trial and is not likely to ever become fit to stand trial; and

  • (b) the accused person does not pose a significant threat to the safety of the public.

• Marginal note:Power to order an assessment

  (5) Subject to the regulations, if a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining whether a stay of proceedings should be ordered, the court martial may make an order for an assessment of the accused person.

• Marginal note:Assessment order

  (6) If the court martial holds an inquiry under subsection (3) or (4), it shall order an assessment of the accused person.

• Marginal note:Stay

  (7) The court martial may, on completion of an inquiry under this section, order a stay of proceedings if it is satisfied

  • (a) on the basis of clear information, that the accused person remains unfit to stand trial and is not likely to ever become fit to stand trial;

  • (b) that the accused does not pose a significant threat to the safety of the public; and

  • (c) that a stay is in the interests of the proper administration of justice.

• Marginal note:Proper administration of justice

  (8) In order to determine whether a stay of proceedings is in the interests of the proper administration of justice, the court martial shall consider any submissions of the prosecutor, the accused person and all other parties and the following factors:

  • (a) the nature and seriousness of the alleged offence;

  • (b) the salutary and deleterious effects of the order for a stay of proceedings, including the effect on public confidence in the administration of justice;

  • (c) the time that has elapsed since the commission of the alleged offence and whether an inquiry has been held under section 202.12 to decide whether sufficient evidence can be adduced to put the accused person on trial; and

  • (d) any other factor that the court martial considers relevant.

• Marginal note:Effect of stay

  (9) If a stay of proceedings is ordered by the court martial, any disposition made in respect of the accused person ceases to have effect. If a stay of proceedings is not ordered, the finding of unfit to stand trial and any disposition made in respect of the accused person remain in force, until the Review Board holds a disposition hearing and makes a disposition in respect of the accused person, in exercising a power under section 672.83 of the Criminal Code.

Marginal note:Conditions for custody

• 202.17 (1) An accused person shall not be placed in custody under an assessment order made by a court martial under this Division unless

Marginal note:No custody or release orders during assessment

• 202.18 (1) During the period that an assessment order made by a court martial under this Division is in force, no order may be made for custody or release from custody of the accused person under any provision of Division 3 or for release from detention or imprisonment under any provision of Division 10 in respect of that offence or an included offence.

Marginal note:Assessment report

• 202.19 (1) An assessment order made by a court martial under this Division may require the person who makes the assessment to submit in writing an assessment report on the mental condition of the accused person.

Marginal note:Effective date of disposition

202.2 A disposition made in respect of an accused person under section 201, 202 or 202.16 shall come into force on the day that it is made or on any later day that the court martial specifies in it, and shall remain in force until the Review Board of the appropriate province holds a hearing and makes a disposition under section 672.83 of the Criminal Code.