Editorial Annotation
Presumption against custody
Statutory Text
672.16(1) Subject to subsection (3), an accused shall not be detained in custody under an assessment order of a court unless (a) 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; (b) custody of the accused is required in respect of any other matter or by virtue of any other provision of this Act; or (c) 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).