Eligibility for Mental Health Court will be determined based on the following criteria:
- Criminal responsibility will not be raised unless the issue is not contested by the opposing party.
- The accused has been granted judicial interim release with respect to the offence(s) prior to applying for transfer to Mental Health Court.
- The accused has been diagnosed with a mental disorder which is persistent and recurring.
- The circumstances of the offence(s) relate to the mental disorder or lifestyle issues related to the disorder.
- The offence(s) is one where a community based disposition is available. Offences for which any mandatory minimum period of imprisonment does not exceed six months may be considered subject to the agreement of the Crown and the Defence.
- The accused acknowledges that the acts complained of constitute a criminal offence(s), admits responsibility for them, will accept the programming and supports offered, and will comply with any required conditions.
- It is determined that supports can be put in place that will alter the accused's situation to an extent that will address the protection of the public with a realistic prospect that the impugned behaviour will be minimized or eliminated.
- The background of the accused, including criminal record, will be assessed. A prior criminal record or previous involvement with the Mental Health Court is not necessarily a bar; however, it will be used in determining suitability.