Sociology 2253A/B Study Guide - Arrest Warrant, Indictable Offence, Mental Disorder
Document Summary
3 circumstances in which immediate release might not occur: charge pertains to a serious indictable offence carrying a sentence of more than max 5 years accused, police have reasonable grounds to believe person will not appear in court, police have reasonable grounds to believe it is in the public interest to detain the public interest: need to establish the person"s identity to secure or preserve evidence or to prevent the continuation or repetition of the offence or commission of another offence. Fitness to stand trial principle of the common law is that the accused person must be fit to stand trial unfit to stand trial when: unable on account of a mental disorder to conduct a defence at any stage of proceedings before a verdict is rendered or to instruct counsel to do so and, in particular, unable on account of mental disorder to a) understand the nature of proceedings b) understand possible consequences of proceedings c) communicate with counsel.
