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Difference between revisions of "Provincial Offences under the Youth Justice (British Columbia) Act (2:IV)"
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Provincial Offences under the Youth Justice (British Columbia) Act (2:IV) (view source)
Revision as of 19:50, 19 August 2018
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=== 1. General === | === 1. General === | ||
Once a young person is found guilty of an offence, the | Once a young person is found guilty of an offence, the Court must impose one or more of the available sentences provided within the ''YJA'', and no others (s 8(1)). The sentence is effective as of the date it is imposed by the court, unless the young person is already serving a custodial sentence, in which case the new sentence will be imposed on the date of expiry of the previous custodial sentence (ss 9(1) and (2)). | ||
The possible sentences available to the court are: | The possible sentences available to the court are: | ||
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*a driving prohibition for an offence under the Motor Vehicle Act. | *a driving prohibition for an offence under the Motor Vehicle Act. | ||
The | The Court must not impose a sentence that results in punishment being imposed on a young person that is greater than the maximum punishment that could be imposed on an adult who has been convicted of the same offence (s 8(5)). | ||
:'''NOTE:''' Custodial sentences under the ''YJA'' do not include a period of community supervision, as under the ''YCJA''. However, the | :'''NOTE:''' Custodial sentences under the ''YJA'' do not include a period of community supervision, as under the ''YCJA''. However, the Court may order a period of probation to follow a custodial sentence if it thinks it appropriate. | ||
=== 2. Sentence Review === | === 2. Sentence Review === | ||
A young person, a parent of the young person, or the Attorney General may apply for a review of the young person’s sentence if the | A young person, a parent of the young person, or the Attorney General may apply for a review of the young person’s sentence if the Court deems it appropriate (s 15(1)). The application may be made at any time after three months after the date the sentence was given, or with leave of the Court at any time. | ||
In the case of custodial sentences under section 8(2)(e) or (f), an application may be made once the greater of 15 days or one third of the sentence has been served (s 15(2)). Under a review, the court may vary, rescind, or confirm the sentence, or make an entirely new sentence, but the new or varied sentence must not be more onerous than the sentence under review (ss 15(8) and (9)). | In the case of custodial sentences under section 8(2)(e) or (f), an application may be made once the greater of 15 days or one third of the sentence has been served (s 15(2)). Under a review, the court may vary, rescind, or confirm the sentence, or make an entirely new sentence, but the new or varied sentence must not be more onerous than the sentence under review (ss 15(8) and (9)). | ||
