What does “fit to stand trial” mean?

4. Understand what happens after a treatment order

Most treatment orders last for 60 days. But sometimes, after 30 days, your psychiatrist writes a report for the Crown, your lawyer, and the judge about whether you are fit yet. The doctor might suggest changing your treatment.

At the end of your treatment order, your psychiatrist writes a report about your fitness. The report will include:

  • background information about you,
  • your charges,
  • your medical history and diagnoses, if any,
  • your treatment since going to the hospital, and
  • the doctor's opinion about whether treatment made you fit to stand

Your lawyer or should review the report with you before you're brought to court.

Once the report is finished, the judge starts another fitness .

If the judge decides you're fit, your case will continue from where it was before the treatment order. For example, if you haven't had a , you can now try to get bail. Or, if you want to plead guilty, you might be able to make a plea or re-enter your plea and have a sentencing hearing.

Keep fit order

After you become fit, if you don't get and there's a risk that you might become unfit again, the judge can order you to stay in a psychiatric hospital instead of in a jail. This is called a “keep fit order.” Either you or the Crown can ask the judge for a keep fit order.

If the judge makes a keep fit order, you must remain in hospital, but you cannot be forced to take medication. It is up to you or your substitute decision maker to decide if you take medication or any other type of treatment.

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