Criminal Code

Marginal note:Presumption against custody

• 672.16 (1) Subject to subsection (3), an accused shall not be detained in custody pursuant to an assessment order unless

  • (a) the court is satisfied that on the evidence custody is necessary to assess the accused, or that on the evidence of a medical practitioner custody is desirable to assess the accused and the accused consents to custody;

  • (b) custody of the accused is required in respect of any other matter or by virtue of any other provision of this Act; or

  • (c) the prosecutor, having been given a reasonable opportunity to do so, shows that detention of the accused in custody is justified on either of the grounds set out in subsection 515(10).

• Marginal note:Report of medical practitioner

  (2) For the purposes of paragraph (1)(a), where the prosecutor and the accused agree, the evidence of a medical practitioner may be received in the form of a report in writing.

• Marginal note:Presumption of custody in certain circumstances

  (3) An accused who is charged with an offence described in any of paragraphs 515(6)(a) to (d) in the circumstances described in that paragraph, or an offence described in subsection 522(2), shall be detained in custody pursuant to an assessment order, unless the accused shows that custody is not justified under the terms of that paragraph or subsection.