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To render its disposition, the RBMD must consider and analyze all the evidence to assess the threat the accused poses to the public’s safety. This includes all the facts that justify restricting the accused’s liberty or those that favour the accused’s discharge.
Among others, the RBMD takes into account the following factors:
In every case, the RBMD must render the disposition that is necessary and appropriate in the circumstances and the accused must comply with this disposition.
The disposition is usually rendered orally on the day of the hearing. It is recorded in the minutes, a copy of which is given to the parties the same day. The reasons for the disposition are written and subsequently sent to the accused, the person in charge of the hospital, and the other parties.
The RBMD renders one of the following four dispositions:
Where the RBMD finds that the threat posed by the accused to the public’s safety cannot be adequately controlled if the accused is released freely into the community.
Where the accused is declared a high- risk. Detention in custody without the possibility of outing unless:
The RBMD must first determine whether the person has become fit to stand trial.
If the RBMD finds that the accused has become fit, the person is sent back before the criminal court and the court shall try the issue and render a verdict.. If the RBMD finds that there is a risk that the person will become unfit after being discharged, it must order the person’s detention until the next appearance before the criminal court. Or it can order the accused to be conditionally discharged.
If the RBMD finds that the accused is still unfit to stand trial, it must render one of the following dispositions:
The RBMD might find that the accused is unlikely to ever be fit to stand trial.
The RBMD may delegate the authority to the person in charge of the hospital to direct that the restrictions on the accused’s liberty be increased or decreased within any limits set out in the disposition.
The power to decrease liberty may be used if the accused’s mental condition deteriorates or the accused becomes a greater threat to the public’s safety.
In this case, the person in charge of the hospital must immediately inform the accused and record it in the accused’s file. If this restriction on the accused’s liberty lasts longer than seven days, the person in charge must also inform the RBMD, which will schedule a new hearing as soon as possible.
The parties may ask to have the disposition and reasons translated into English. The RBMD pays the translation costs but not the cost to translate other documents in the file, for example, psychiatric reports.
When it holds a review hearing for a high-risk accused, the RBMD determines whether there is a substantial likelihood that the accused will use violence that could endanger the life or safety of another person.