Application for High Risk Designation

From Criminal Law Notebook
This page was last substantively updated or reviewed February 2020. (Rev. # 95252)


High-Risk Accused

672.64 (1) On application made by the prosecutor before any disposition to discharge an accused absolutely, the court may, at the conclusion of a hearing, find the accused to be a high-risk accused if the accused has been found not criminally responsible on account of mental disorder for a serious personal injury offence, as defined in subsection 672.81(1.3) [review of dispositions — definition of serious personal injury offence], the accused was 18 years of age or more at the time of the commission of the offence and

(a) the court is satisfied that there is a substantial likelihood that the accused will use violence that could endanger the life or safety of another person; or
(b) the court is of the opinion that the acts that constitute the offence were of such a brutal nature as to indicate a risk of grave physical or psychological harm to another person.
Factors to consider

(2) In deciding whether to find that the accused is a high-risk accused, the court shall consider all relevant evidence, including

(a) the nature and circumstances of the offence;
(b) any pattern of repetitive behaviour of which the offence forms a part;
(c) the accused’s current mental condition;
(d) the past and expected course of the accused’s treatment, including the accused’s willingness to follow treatment; and
(e) the opinions of experts who have examined the accused.
Detention of high-risk accused

(3) If the court finds the accused to be a high-risk accused, the court shall make a disposition under paragraph 672.54(c) [order of detention to a hospital], but the accused’s detention must not be subject to any condition that would permit the accused to be absent from the hospital unless

(a) it is appropriate, in the opinion of the person in charge of the hospital, for the accused to be absent from the hospital for medical reasons or for any purpose that is necessary for the accused’s treatment, if the accused is escorted by a person who is authorized by the person in charge of the hospital; and
(b) a structured plan has been prepared to address any risk related to the accused’s absence and, as a result, that absence will not present an undue risk to the public.

(4) A decision not to find an accused to be a high-risk accused is deemed to be a disposition for the purpose of sections 672.72 to 672.78 [review board — appeals].

For greater certainty

(5) For greater certainty, a finding that an accused is a high-risk accused is a disposition and sections 672.72 to 672.78 [review board — appeals] apply to it.
1991, c. 43, s. 4; 2005, c. 22, s. 24; 2014, c. 6, s. 12.
[annotation(s) added]

672.65 and 672.66 [No sections 672.65 and 672.66]


Note up: 672.64(1), (2), (3), (4), and (5)

Defined terms: "accused" (s. 672.1(1)), "court" (s. 672.1(1)), "disposition" (s. 672.1(1)), "high-risk accused" (s. 672.1(1)), and "hospital" (s. 672.1(1))