Assessment of Competency to Stand Trial and Determining Criminal Responsibility Here at ARCH Psychological Services, we have extensive and diverse experience working with courts, attorneys and regulatory bodies. When conducting forensic psychological assessments, we use a multimethod approach that includes psychological testing (such as behaviour and personality tests, tests of cognitive abilities, etc.), clinical interview, and data from available documentation and records. We aim to be detailed, accurate and useful in provided reports and, if required, testimonies. We can conduct various forensic assessments, such as pre-sentencing assessment, risk assessment, competency to stand trial assessment and criminal responsibility assessment. Competency to Stand Trial If a Crown counsel, judge or lawyer believes that a mental condition, disorder or illness might have an influence on a person to commit a crime they are accused of or prevent them from taking part in court proceedings, they can ask for a forensic psychological assessment, to answer specific questions concerning competency to stand trial, listed in Criminal Code of Canada. It is important to emphasize that evidence must support an order for a forensic assessment (not anybody can be sent for a forensic assessment). The issue of fitness can be raised at any time from arrest to sentencing. Having a mental condition, disorder or illness does not necessarily mean that someone is unfit to stand trial. Forensic assessment is ordered when there is a reasonable belief that a mental condition, disorder or illness might affect or prevent an accused person from taking part in court proceedings (including hearings, trials or other parts of the legal processes). After the assessment, the psychologist will make a recommendation as to whether or not the person is “fit“ to participate in the court proceedings, to help the court make the decision of “fitness to stand trial”. Determining Criminal Responsibility If Crown counsel, judge, or lawyers believe that mental condition, disorder or illness might have an influence on a person's actions at the time of committing a crime they are accused of, they can ask for a forensic psychological assessment with a focus on determining criminal responsibility. If a person did not understand what they were doing or was not aware that those actions were wrong because of a mental condition, disorder or illness, they can be found “non- criminally responsible”. Having a mental condition, disorder or illness does not necessarily mean that somebody is non-criminally responsible. That decision is being made by the court, with the help of other mental health professionals who conduct forensic psychological assessments. It is important to emphasize that “non-criminally responsible” refers to a person's mental state only at the time a criminal act occurred. Assessment of Competency to Stand Trial and/or Determining Criminal Responsibility The duration of these assessments is approximately 25 hours, depending on the case. It consists of interview(s) (sometimes family members or other relevant persons can also be included) and psychological testing, which are used as tools for collecting information for detailed psychological reports for court. Relevant background information is also reviewed in the context of the referral reasons.