Abstract

This thesis examined the characteristics of persons found NCRMD for sexual offences, their offences, and the degree to which empirically supported risk factors predicted Review Board decisions. Reasons documents dated from 2006 to 2015, and examining index sexual offences were collected from LawSource ©. Search terms were derived from the Canadian Criminal Code (1985, c. C-46), and commonly accepted terminology for sexual offending. Findings suggest that persons found NCRMD for sexual offences present with general and sexual offence specific risk factors for recidivism. However, Review Board decisions were only predicted by factors related to clinical functioning and risk management factors. These findings suggest that further research is needed to examine risk assessment, decision making, and forensic mental health outcomes of persons found NCRMD for sexual offences. Implications for treatment of persons found NCRMD and knowledge dissemination to Review Boards are also discussed.

Highlights

  • MethodsThis thesis’ sample was drawn from the legal database LawSource®, a WestLaw Canada product

  • This thesis examined the characteristics of Review Board Reasons for decisions about persons found NCRMD for sexual offences

  • This thesis examined the characteristics of this group, and the degree to which presence of empirically supported risk factors predicted Review Board decisions

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Summary

Methods

This thesis’ sample was drawn from the legal database LawSource®, a WestLaw Canada product. This is a comprehensive, publicly available (Access to Information Act, 1985) database of legal reports. Cases were collected through a search of this database for cases adjudicated by tribunal boards and non-appeal courts. All searches included the key term not criminally responsible. Searches were conducted for each of the following offence related terms, with and without the addition of the key term review board. Results from searches were refined to include only criminal cases, limited to the date range of January 1, 2006 to December 31, 2015, and cases presented to non-appeal court, and boards and tribunals

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