'Not a get-out-of-jail free card': What Nicholas Layman faces if found not criminally responsible

Nicholas Layman's lawyer wants the public to understand one thing about a not criminally responsible verdict: It's not an easy way out.

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Layman, 20, is charged with attempted murder in relation to the 2014 stabbing of an 11-year-old boy on a soccer field in Conception Bay South.

"It is really important that people realize that they are not getting it easy" said Mark Gruchy, Layman's lawyer. "It is actually an onerous process"

Gruchy and Crown prosecutor Frances Knickleboth agree Layman should be found not criminally responsible for the attack. However, the finaldecision will be made by Judge Colin Flynn on Jan.20.

It's not a case where you just go in and go out- Mark Gruchy

"If someone is found not criminally responsible let's say for murder, they can often spend as much time in the mental hospital as someone found guilty of murder would in jail," said Gruchy.

"It's not a case where you just go in and go out especially with conditions like schizophrenia because conditions like schizophrenia can be difficult to regulate."

Gruchy saidthe restrictions on freedom for someone found not criminally responsible are greater than if you're found guilty of attempted murder.

Public safety

In the regular criminal system, Gruchy said, a person is released with minimal guidance and support. But, he said, that's not the case when a person is found not criminally responsible (NCR).

"When a person comes through the NCR process, they're released with monitoring controls and that sort of thing to ensure that the condition does not come back in a dangerous way."

"When you have a scenario where a person has a condition that creates psychosis and it's complex enough that we don't always know how and when it's going to happen, then that person is going to be released with lots of restrictions and control," said Gruchy.

The lawyer and mental health advocate said in the majority of cases, the person will not repeat their violent behaviour.

"The biggest challenge that any individual who goes through the NCR process will have to face is integrating in society in a meaningful fashion."

What would happen

If Layman is indeed found not criminally responsible, he would be kept under a detention order at the Waterford Hospital according to his lawyer.

His future would be determined by a review board comprised of medical and legal professionals.

"[The review board] makes decisions concerning his release and reintegration into society over time with a central concern of public safety" said Gruchy.

"Basically, they will look at an individual and gradually over time assess their capacity to be reintegrated and then do so in a very regulated and controlled fashion."