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This enactment amends Part XX.1 of the Criminal Code governing persons found unfit to stand trial or not criminally responsible on account of mental disorder. The amendments, among other things, include
(a) repealing unproclaimed provisions related to capping, dangerous mentally disordered accused and hospital orders;
(b) expanding the authority of Review Boards by enabling them to order an assessment of the accused, adjourn hearings and protect the identity of victims and witnesses;
(c) permitting the oral presentation of victim impact statements at disposition hearings and adjournments allowing the victim to prepare the statement;
(d) permitting Review Boards to extend the time for holding a review hearing to a maximum of 24 months in certain circumstances;
(e) permitting the court to hold an inquiry and order a judicial stay of proceedings for an accused found unfit to stand trial, if the accused is not likely to ever be fit to stand trial and does not pose a significant risk to the safety of the public and a stay is in the interests of the proper administration of justice;
(f) specifying that the transfer provisions require the consent of the appropriate Attorneys General in all cases and enabling transfers of an accused who is not in custody; and
(g) allowing peace officers arresting an accused who is in contravention of an assessment order or a disposition to release, detain, compel the appearance of or deliver the accused to a place specified in the order.
This enactment also makes consequential amendments to other Acts, including the National Defence Act.
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