The designated hospital plays a very important role for the accused, particularly to ensure that the accused complies with the RBMD’s decision.

Date and place of hearing

The person in charge of the hospital where the hearing is held must ensure that a suitable hearing room is available. The room must be large enough to accommodate several participants. It must be accessible and safe.

Psychiatric report

The RBMD pays special attention to the psychiatric report when it assesses the significance of the threat posed by the accused to the public’s safety. The more complete and well documented the report is, the better informed the RBMD, the accused, the accused’s lawyer, and the other parties will be.

The psychiatric report should describe the accused’s mental condition and progress at the time of the hearing. It must also include an analysis of the threat posed by the accused to the public’s safety and recommendations on the measures to implement to protect the public and meet the accused’s needs, in particular with respect to the accused’s reintegration into society.

The psychiatric report on the accused’s condition should contain the following:

• psychiatric history and current clinical condition;
• psycho-social background;
• description of past and current behaviour;
• relevant medical history;
• description of attitude toward illness and treatment;
• treatment plan prepared by the treatment team;
• opinion and recommendations of the attending physician.

Obligation to comply with the RBMD’s disposition

The person in charge of the designated hospital is primarily responsible, in conjunction with the treatment team, for the accused’s treatment and must ensure that the accused complies with the RBMD’s disposition.

If the person in charge of the designated hospital notices or learns that the accused has failed to comply with the conditions imposed by the RBMD, the person in charge must determine to what extent the accused’s conduct increases the significance of the threat posed by the accused to the public’s safety.

If the accused’s conduct significantly increases the threat to the public’s safety in the short term

The person in charge may:

• increase the restrictions on the accused’s liberty within the limits set by the delegation of authority granted by the RBMD.
• if there is no delegation of authority, ask the police to intervene and arrest the accused without a warrant, in accordance with ss. 672.91 and 672.92 of the Criminal Code. Depending on the circumstances, the police may bring the accused to the place indicated in the disposition or order, or before a justice of the peace. To obtain police intervention, the person in charge of the designated hospital must complete a Report to a Police Force of Failure to Comply with an Order.

If the accused’s conduct does not significantly increase the threat to the public’s safety in the short term

The person in charge may report the breach, ask the police to proceed in accordance with ss. 672.91 and 672.92 of the Criminal Code, and ask the RBMD to review the accused’s mental condition.