Older Adults and the Justice System

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OLDER ADULTS AND THE JUSTICE SYSTEM A navigational guidebook for caregivers and service providers February 2020 This guidebook was prepared by the Provincial Human Services and Justice Coordinating Committee (PHSJCC), with support from the Canadian Mental Health Association Ontario. The information in this document is intended for information purposes only. It does not provide legal or medical advice. If you have a health question, you should consult a physician or other qualified health care provider. If you have a legal question, you should consult a lawyer. TABLE OF CONTENTS Acknowledgements . IV Preface . VI CHAPTER 1: DEMENTIA AND OTHER AGE-RELATED CONDITIONS . 1 Age-related conditions . 1 Dementia . 1 Delirium . 3 Mental health . 5 Substance use . 5 Developmental disabilities . 6 Physical health conditions . 6 Social determinants of health . 7 Priority populations . 7 Racialized populations . 8 Indigenous populations . 9 Non-English-speaking populations . 9 2SLGBTQ+ . 10 Housing and supports . 11 Personal care . .11 Long-term care homes . .11 Retirement homes . 13 Care homes . .14 Mental health and substance use supportive housing . 14 Dementia-friendly communities . 15 CHAPTER 2: CRIMINAL JUSTICE SYSTEM . 16 Interacting with the police . .16 Planning before a crisis . 16 Responsive behaviours . 17 If someone goes missing . .18 Crisis centres and safe beds . 19 Calling the police . .19 Apprehension under the Mental Health Act . .20 Order for examination under the Mental Health Act . .21 Laying a charge . .21 Pre-charge diversion . .21 - I - Arrest . 22 Police custody . .23 Release from police custody . 24 Peace bonds . .25 The courtroom . .25 Judicial officers . 25 Jurors . .26 The Crown . 26 Defence counsel and duty counsel . 26 Victims and witnesses . 27 Other people in the courtroom . .28 Bail . .29 Detention after bail hearing . 32 Pre-trial . .32 Post-charge diversion . .33 Crown resolution/pre-trial meeting . .33 Judicial pre-trial . .34 Staying and withdrawing charges . .34 The guilty plea . .34 Plea inquiry . .35 The trial . .35 Preliminary inquiry . 35 Trial process . .35 Sentencing . 36 Exhibits . 36 Crown and defence submissions . .37 Possible sentences . .39 The appeal . .41 Grounds for appeal . .41 Where to file an appeal . 41 Time limit on filing appeal . .42 Appeal decisions . 42 Record suspensions . ..

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