THE IMPACT OF CANADIAN CRIMINAL CODE CHANGES ON REMANDS AND ASSESSMENTS OF FITNESS TO STAND TRIAL AND CRIMINAL RESPONSIBILITY IN BRITISH-COLUMBIA

Objective: To evaluate the impact in British Columbia of the 1992 Crim inal Code of Canada amendments dealing with remands for fitness to sta nd trial and nor criminally responsible on account of mental disorder (NCRMD) assessments. Method: Information on 620 remands for evaluation of fitness to stand trial and/or NCRMD were collected from a sample o btained in British Columbia from 1992 to 1994. The data collected incl uded length of remand order, length of evaluation, criminal charges, p sychiatric diagnoses, and the decisions about fitness or NCRMD. Result s: Remands increased by about 20% in a 1993-1994 fiscal year compared with the previous year. The majority of evaluations continue to be con ducted in an inpatient facility. The goal of a 5-day evaluation period is rarely met: only 12.5% of inpatients were released within 5 days o f admission, and the average length of evaluation was about 3 weeks. T he use and success of the NCRMD defence appears to be on the rise. In addition, there were some striking differences in remands from metropo litan and nonmetropolitan areas in terms of rates of referral and reco mmendations of unfitness or NCRMD. Conclusion: Results indicated that Bill C-30 has not yet had the anticipated impact on remands as inpatie nt evaluations continue to be the norm and evaluations typically take several weeks. Suggestions for policy reform and future research are p resented.