Section 672.16 — Criminal Code: Presumption against custody

Subject to subsection (3), an accused shall not be detained in custody under an assessment order of a court unless the court is satisfied that on the evidence custody is necessary to assess the accused, or that on the evidence of a medical practitioner custody is desirable to assess the accused and the accused consents to custody; custody of the accused is required in respect of any other matter or by virtue of any other provision of this Act; or the prosecutor, having been given a reasonable opportunity to do so, shows that detention of the accused in custody is justified on either of the grounds set out in subsection 515(10). If the Review Board makes an order for an assessment of an accused under section 672.121, the accused shall not be detained in custody under the order unless the accused is currently subject to a disposition made under paragraph 672.54(c); the Review Board is satisfied on the evidence that custody is necessary to assess the accused, or that on the evidence of a medical practitioner custody is desirable to assess the accused and the accused consents to custody; or custody of the accused is required in respect of any other matter or by virtue of any other provision of this Act. Subject to paragraphs (1.1)(b) and (c), if the accused is subject to a disposition made under paragraph 672.54(b) that requires the accused to reside at a specified place, an assessment ordered under section 672.121 shall require the accused to reside at the same place. For the purposes of paragraphs (1)(a) and (1.1)(b), if the prosecutor and the accused agree, the evidence of a medical practitioner may be received in the form of a report in writing. An assessment order made in respect of an accused who is detained under subsection 515(6) or 522(2) shall order that the accused be detained in custody under the same circumstances referred to in that subsection, unless the accused shows that custody is not justified under the terms of that subsection.