Marginal note:Effect of suspension of disposition
672.77 Where the application of a disposition or placement decision appealed from is suspended, a disposition, or in the absence of a disposition any order for the interim release or detention of the accused, that was in effect immediately before the disposition or placement decision appealed from took effect, shall be in force pending the determination of the appeal, subject to any disposition made under paragraph 672.76(2)(c).
- 1991, c. 43, s. 4.
Marginal note:Powers of court of appeal
672.78 (1) The court of appeal may allow an appeal against a disposition or placement decision and set aside an order made by the court or Review Board, where the court of appeal is of the opinion that
(a) it is unreasonable or cannot be supported by the evidence;
(b) it is based on a wrong decision on a question of law; or
(c) there was a miscarriage of justice.
(2) The court of appeal may dismiss an appeal against a disposition or placement decision where the court is of the opinion
(a) that paragraphs (1)(a), (b) and (c) do not apply; or
(b) that paragraph (1)(b) may apply, but the court finds that no substantial wrong or miscarriage of justice has occurred.
Marginal note:Orders that the court may make
(3) Where the court of appeal allows an appeal against a disposition or placement decision, it may
(a) make any disposition under section 672.54 or any placement decision that the Review Board could have made;
(b) refer the matter back to the court or Review Board for re-hearing, in whole or in part, in accordance with any directions that the court of appeal considers appropriate; or
(c) make any other order that justice requires.
- 1991, c. 43, s. 4;
- 1997, c. 18, s. 89.
672.79 [Repealed, 2005, c. 22, s. 26]
672.8 [Repealed, 2005, c. 22, s. 26]
Review of Dispositions
Marginal note:Mandatory review of dispositions
672.81 (1) A Review Board shall hold a hearing not later than twelve months after making a disposition and every twelve months thereafter for as long as the disposition remains in force, to review any disposition that it has made in respect of an accused, other than an absolute discharge under paragraph 672.54(a).
Marginal note:Extension on consent
(1.1) Despite subsection (1), the Review Board may extend the time for holding a hearing to a maximum of twenty-four months after the making or reviewing of a disposition if the accused is represented by counsel and the accused and the Attorney General consent to the extension.
Marginal note:Extension for serious personal violence offence
(1.2) Despite subsection (1), at the conclusion of a hearing under this section the Review Board may, after making a disposition, extend the time for holding a subsequent hearing under this section to a maximum of twenty-four months if
(a) the accused has been found not criminally responsible for a serious personal injury offence;
(b) the accused is subject to a disposition made under paragraph 672.54(c); and
(c) the Review Board is satisfied 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), that the condition of the accused is not likely to improve and that detention remains necessary for the period of the extension.
Definition of “serious personal injury offence”
(1.3) For the purposes of subsection (1.2), “serious personal injury offence” means
(a) an indictable offence involving
(i) the use or attempted use of violence against another person, or
(ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person; or
(b) an indictable offence referred to in section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 or 273 or an attempt to commit such an offence.
(1.4) If the Review Board extends the time for holding a hearing under subsection (1.2), it shall provide notice of the extension to the accused, the prosecutor and the person in charge of the hospital where the accused is detained.
(1.5) A decision by the Review Board to extend the time for holding a hearing under subsection (1.2) is deemed to be a disposition for the purpose of sections 672.72 to 672.78.
Marginal note:Additional mandatory reviews in custody cases
(2) The Review Board shall hold a hearing to review any disposition made under paragraph 672.54(b) or (c) as soon as practicable after receiving notice that the person in charge of the place where the accused is detained or directed to attend requests the review.
Marginal note:Review in case of increase on restrictions on liberty
(2.1) The Review Board shall hold a hearing to review a decision to significantly increase the restrictions on the liberty of the accused, as soon as practicable after receiving the notice referred to in subsection 672.56(2).
(3) Where an accused is detained in custody pursuant to a disposition made under paragraph 672.54(c) and a sentence of imprisonment is subsequently imposed on the accused in respect of another offence, the Review Board shall hold a hearing to review the disposition as soon as is practicable after receiving notice of that sentence.
- 1991, c. 43, s. 4;
- 2005, c. 22, ss. 27, 42(F).
- Date modified: