When a person accused of a criminal offence has mental health issues, the court process can be long and complicated. There may be delays to decide if the accused person’s mental health issues make it difficult for the person to understand or participate in his or her defence. People often become frustrated with these delays and the number of steps involved.
This booklet explains the following:
• Why these steps are an important part of the criminal justice process.
• How the criminal justice process takes into account the mental health of a person charged with a crime (an accused person).
• How and why a judge decides that an accused person is “unfit to stand trial”.
• How and why a judge decides that an accused person is “not criminally responsible on account of a mental disorder”.
• How judges and a board called the Review Board make decisions about accused persons who have mental health issues.
