Global News asked Dr. Michael Seto, a psychiatrist at the Royal Ottawa Health Care Group to walk us through what’s involved in a psychiatric assessment.
Global News: What typically happens in a psychiatric evaluation?
Dr. Seto: There are different types of forensic psychiatric assessments. An assessment of fitness to stand trial evaluates whether an individual is able to understand and participate in the court proceedings.
Typically, if someone is found not fit to stand trial, a judge would issue a treatment order which would require that the individual undergo treatment with the hope of improving his/her mental state and rendering him/her fit to stand trial.
Another type of assessment would be to determine criminal responsibility. A judge, lawyer, or the person charged may request an assessment in order to determine criminal responsibility.
This type of assessment is very in depth and seeks to determine culpability – specifically, whether the individual’s actions were caused by a mental illness (for example, an individual who was in a psychotic state and did not accurately perceive reality at the time of an offence).
Get breaking National news
Global News: If an individual committed a criminal act but is found not criminally responsible (NCR), he or she would be required to undergo treatment.
Dr. Seto: Treatment may occur in a locked mental health facility depending on the nature of the offence. Anyone deemed NCR would be monitored indefinitely (in Ontario, this monitoring is the responsibility of the Ontario Review Board – a quasi-judicial body set out in the Criminal Code).
Global News: How long is the entire process and who is involved?
Dr. Seto: The length of the assessment process depends on the individual and the complexity of the case. It could be days, weeks, or longer.
Global News: Can you provide some examples of questions that are asked or what the experts use in this process?
Dr. Seto: The assessment process is complex and unique to each individual’s circumstances. Fitness or criminal responsibility assessments could include interviews, clinical observation on the ward, psychological testing as needed, and reviewing file information.
Global News: Critics say psychiatric evaluations give suspects a free pass out of jail. What do you think of these remarks?
Dr. Seto: On average, people found NCR spend more time in custody than someone who pled guilty at trial. In addition, research shows that mental health treatment, whether for individuals found NCR or those who are incarcerated, reduces recidivism rates.
Comments
Want to discuss? Please read our Commenting Policy first.