Appendices

AuthorHy Bloom, Richard D Schneider
Pages349-366
349
appendix a
Form 48: Assessment Order of the Court
This form is contained in the Cr iminal Code . It has been modif‌ied slightly
in order to permit the administ rator of the hospital to return t he accused to
court earlier than ant icipated if the assessment is complete prior to the re-
turn d ate on the informat ion.
When an accused is to be returned to cour t earlier than anticipated, the
administrator issues a letter which aut horizes the wagon to pick up the ac-
cused and take the accuse d to court. The administ rator contacts the court
clerk at court room 102, who adds the information to the list. Dut y counsel
will notify coun sel if the accused has retained counsel or, alternatively, take
instr uctions.
350 MENTAL DISORDER AND THE LAW
FORM 48
(Sectio n 672.13)
ASSESSMENT ORDER OF THE COURT
Canada,
Province of
(territorial division)
Whereas I have reasonable grounds to believe that e vidence of the mental condition
of (name of accused), who has been charged with _________ , may be necessary to
determine*
qwhether the accused is unf‌it to st and trial
qwhether the accused suf fered from a mental disorder so as to exempt the ac-
cused from criminal responsibility by vir tue of subsection 16(1) of the Criminal
Code at the time of the act or omission charged against the accused
qwhether the balance of the mind of the accuse d was disturbed at the time of
commission of the alleged offence, if th e accused is a female person charged
with an offence arising out of the deat h of her newly-born child
qif a verdict of unf‌it to stand trial or a verdic t of not criminally responsible on
account of mental disorder has been rend ered in respect of the accused, the
appropriate disposition to be made in respec t of the accused pursuant to sec-
tion 672.54 or 672.58 of the Criminal Code
qif a verdict of unf‌it to stand trial has be en rendered in respect of the accused,
whether the court sho uld order a stay of proceedings under sec tion 672.851
of the Criminal Code
I hereby order an assessment of the mental condit ion of (name of accused) to be
conducted by/at (name of person or service by whom or pla ce 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, dur ing
which time the accused is to remain*
qin custody at (plac e where accused is to be detain ed)
qout of custody, on the following conditions: (set ou t conditions, if applicabl e)
* Check applicable option.
Dated this _____ day of ____________ a.d. ______, at __________ .
__________________________________________________________
(Signature of justice or judge or clerk of the cour t, as the case may be)

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