Recommendation by Review Board
672.851 (1) The Review Board may, of its own motion, make a recommendation to the court that has jurisdiction in respect of the offence charged against an accused found unfit to stand trial to hold an inquiry to determine whether a stay of proceedings should be ordered if
(a) the Review Board has held a hearing under section 672.81 or 672.82 in respect of the accused; and
(b) on the basis of any relevant information, including disposition information within the meaning of subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(a), the Review Board is of the opinion that
(i) the accused remains unfit to stand trial and is not likely to ever become fit to stand trial, and
(ii) the accused does not pose a significant threat to the safety of the public.
Notice
(2) If the Review Board makes a recommendation to the court to hold an inquiry, the Review Board shall provide notice to the accused, the prosecutor and any party who, in the opinion of the Review Board, has a substantial interest in protecting the interests of the accused.
Inquiry
(3) As soon as practicable after receiving the recommendation referred to in subsection (1), the court may hold an inquiry to determine whether a stay of proceedings should be ordered.
Court may act on own motion
(4) A court may, of its own motion, conduct an inquiry to determine whether a stay of proceedings should be ordered if the court is of the opinion, on the basis of any relevant information, that
(a) the accused remains unfit to stand trial and is not likely to ever become fit to stand trial; and
(b) the accused does not pose a significant threat to the safety of the public.
Assessment order
(5) If the court holds an inquiry under subsection (3) or (4), it shall order an assessment of the accused.
Application
(6) Section 672.51 applies to an inquiry of the court under this section.
Stay
(7) The court 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 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.
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 shall consider any submissions of the prosecutor, the accused 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 any 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 672.33 to decide whether sufficient evidence can be adduced to put the accused on trial; and
(d) any other factor that the court considers relevant.
Effect of stay
(9) If a stay of proceedings is ordered by the court, any disposition made in respect of the accused 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 remain in force, until the Review Board holds a disposition hearing and makes a disposition in respect of the accused under section 672.83.
Annotations
- Part XX.1