Provincial Offences: Youth Justice Act (2:IV): Difference between revisions

Latest revision as of 18:33, 21 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 14, 2024.

The Youth Justice Act, SBC 2003, c 85 (“YJA”) is provincial legislation which imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities. The YJA acts to narrowly expand custodial sentence options within the province, as well as create a small number of new offences. Under the YJA, young persons may face jail time for six different offences. This legislation rarely used, so only a brief overview is provided below.

A. Definition of Young Person

Under the YJA, “young person” is defined as "a person who has reached 12 years of age but is less than 18 years of age" (YJA s 1).

B. Notice to Parents/Guardians

Under section 1 of the YJA a parent is defined as:

a person who, in respect of a young person,

(a) is under a legal duty to support, maintain, or care for the young person, or

(b) has in law or fact, the custody or control of the young person,

but does not include a person who has the custody or control of the young person only because of proceedings under this Act or the federal Act

If a young person is charged with an offence and is required to appear in court, the person who initiated the process must immediately give written notice of the charge against the young person and of the young person’s court appearance to the young person’s parent, if a parent is available (YJA s 5(1)). This section does not apply where proceedings are commenced by way of a violation ticket (YJA s 5(2)).

If a young person is going to be detained pending bail, the officer in charge must give written or oral notice of the arrest to the young person’s parent as soon as possible, if a parent is available (YJA s 5(3)). The notice must state the place of detention and the reason for the young person’s arrest (YJA s 5(3)).

If notice is not given under YJA subsections 5(1) or (3), this does not invalidate the proceedings against the young person (YJA s 5(4)).

C. Sentencing

1. General

When a young person is found guilty, the Court must impose one or more of the available sentences provided within the YJA, and no others (YJA s 8(1)). The sentence is effective on the day it is imposed, unless the young person is already serving a custodial sentence, in which case the new sentence is effective when the previous custodial sentence expires (YJA ss 9(1) and (2)).

The sentences available to the court are:

Absolute or conditional discharge (YJA s 8(2)(a));
Fine of up to $1,000 (YJA s 8(2)(b));
Community service of up to 240 hours to be completed within a specified period no longer than one year (YJA s 8(2)(c));
Probation for up to 6 months (YJA s 8(2)(d));
Custodial sentence for up to 30 days for specified offences (YJA s 8(2)(e)) (for example, trespassing on school grounds under section 177(2) of the School Act);
Custodial sentence for up to 90 days for specified offences (YJA s 8(2)(f)) (for example, driving while prohibited or suspended under sections 95(1), 102, or 234(1) of the Motor Vehicle Act);
Driving prohibition for an offence under the Motor Vehicle Act (YJA s 8(2)(g)).

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 convicted of the same offence (YJA s 8(5)).

Note: Custodial sentences under the YJA do not include a period of community supervision, unlike 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

A young person, their parent, or Crown Counsel may apply for a review of the young person’s sentence if the Court deems it appropriate (YJA s 15(1)). The application may be made:

Any time after 3 months from when the sentence was imposed (YJA s 15(2)(a)(i)),
For a custodial sentence, any time after the greater of 15 days or one third of the sentence has been served (YJA s 15(2)(a)(ii)), or
At any other time with leave of the Court (YJA s 15(2)(b)).

Under a review, the Court may confirm the sentence, vary it, rescind it, or make a new sentence, but a new or varied sentence must not be more onerous than the original sentence (YJA ss 15(8) and (9)).

D. Special Concerns

1. Publication of a Young Person’s Identity

The provisions under Part 6 of the YCJA that ban the publication of a young person’s identity apply to the YJA (YJA s 4(1)). See Section III.K.2: Publication of a Young Person’s Identity above.

2. Records

The provisions of the YCJA governing the records of young persons apply to the YJA (YJA s 4(1)), specifically YCJA ss 114 to 116,ss 118 to 127, and s 129. See Section III.K.4: Records: Access and Disclosure above.

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-{{REVIEWED LSLAP | date= July 18, 2021}}
+{{REVIEWED LSLAP | date= August 14, 2024}}
 {{LSLAP Manual TOC|expanded = youth}}
-The original ''Young Offenders (British Columbia) Act'', RSBC 1996, c 494 [“''YO(BC)A''”] was proclaimed on May, 1984 to complement the federal ''Young Offenders Act''. In April, 2004, the ''YO(BC)A'' was replaced with the ''Youth Justice Act'', SBC 2003, c 85 [“''YJA''”]. The ''YJA'' imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities. The ''YJA'' updates the provisions of the ''YO(BC)A'' in order to reflect new practices within the youth criminal justice system, as well as to render the provincial  legislation  more  consistent  with  the  federal ''YCJA''.  The ''YJA''  acts  to  narrowly  expand  custodial sentence options within the province, as well as to create a small number of new offences. Under the previous ''YO(BC)A'', probation was the harshest sentence imposed on young persons, but under the new ''YJA'', young persons may face jail time for six different offences. This legislation is not often used, and so only a brief overview is provided below.
+The ''Youth Justice Act'', SBC 2003, c 85 (“''YJA''”)  is provincial legislation which imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities.  The ''YJA'' acts to narrowly expand custodial sentence options within the province, as well as create a small number of new offences.  Under the ''YJA'', young persons may face jail time for six different offences.  This legislation rarely used, so only a brief overview is provided below.
 == A. Definition of Young Person ==
-Under the ''YJA'', “young person” is defined as a person who has reached 12 years of age but is less than 18 years of age (s. 1).
+Under the ''YJA'', “young person” is defined as "a person who has reached 12 years of age but is less than 18 years of age" (''YJA'' s 1).
-== B. Notice to Parents ==
+== B. Notice to Parents/Guardians ==
-If a young person is charged with an offence and is required to appear in court, the person who issued the process must immediately give written notice of the charge against the young person and the time and place of that young person’s court appearance to a parent of the young person, if a parent is available.  This section does not apply where proceedings are commenced by way of a violation ticket (ss 5(1) and (2)).
+Under section 1 of the ''YJA'' a parent is defined as:
+:a person who, in respect of a young person,
+::(a) is under a legal duty to support, maintain, or care for the young person, or
+::(b) has in law or fact, the custody or control of the young person,
+:but does not include a person who has the custody or control of the young person only because of proceedings under this Act or the federal Act
-If a young person is going to be detained until their court appearance, the officer in charge at the time of the young person’s detention must give written or oral notice of the arrest to a parent of the young person as soon as possible, if a parent is available.  The notice must state the place of detention and the reason for the arrest of the young person (s. 5(3)).
+If a young person is charged with an offence and is required to appear in court, the person who initiated the process must immediately give written notice of the charge against the young person and of the young person’s court appearance to the young person’s parent, if a parent is available (''YJA'' s 5(1)).  This section does not apply where proceedings are commenced by way of a violation ticket (''YJA'' s 5(2)).
+If a young person is going to be detained pending bail, the officer in charge must give written or oral notice of the arrest to the young person’s parent as soon as possible, if a parent is available (''YJA'' s 5(3)). The notice must state the place of detention and the reason for the young person’s arrest (''YJA'' s 5(3)).
+If notice is not given under ''YJA'' subsections 5(1) or (3), this does not invalidate the proceedings against the young person (''YJA'' s 5(4)).
-If notice is not given under sections 5(1) or (3), the proceedings are still valid (s. 5(4)).
 == C. Sentencing ==
 === 1. General ===
-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)).
+When a young person is found guilty, the Court must impose one or more of the available sentences provided within the ''YJA'', and no others (''YJA'' s 8(1)).  The sentence is effective on the day it is imposed, unless the young person is already serving a custodial sentence, in which case the new sentence is effective when the previous custodial sentence expires (''YJA'' ss 9(1) and (2)).
-The possible sentences available to the court are:
+The sentences available to the court are:
-*an absolute or conditional discharge, if there is no minimum penalty required for an adult convicted of that offence, and if it is in the best interest of the young person and not contrary to the public interest;
+*Absolute or conditional discharge (''YJA'' s 8(2)(a));
-*a maximum fine of $1,000;
+*Fine of up to $1,000 (''YJA'' s 8(2)(b));
-*community work service hours to a maximum of 240 hours and to be completed within a specified period no longer than one year;
+*Community service of up to 240 hours to be completed within a specified period no longer than one year (''YJA'' s 8(2)(c));
-*probation for a maximum of 6 months;
+*Probation for up to 6 months (''YJA'' s 8(2)(d));
-*custody not exceeding 30 days for specified offences under s. 8(2)(e) (for example, trespassing on school grounds under section 177(2) of the ''School Act'');
+*Custodial sentence for up to 30 days for specified offences (''YJA'' s 8(2)(e)) (for example, trespassing on school grounds under section 177(2) of the School Act);
-*custody not exceeding 90 days for other offences specified under section 8(2)(f) (for example, driving while prohibited or suspended under sections 95(1), 102, or 234(1) of the ''Motor Vehicle Act''); and/or
+*Custodial sentence for up to 90 days for specified offences (''YJA'' s 8(2)(f)) (for example, driving while prohibited or suspended under sections 95(1), 102, or 234(1) of the ''Motor Vehicle Act'');
-*a driving prohibition for an offence under the Motor Vehicle Act.
+*Driving prohibition for an offence under the ''Motor Vehicle Act'' (''YJA'' s 8(2)(g)).
-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)).
+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  convicted of the same offence (''YJA'' s 8(5)).
-:'''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.
+'''Note:''' Custodial sentences under the YJA do not include a period of community supervision, unlike 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 ===
-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.
+A young person, their parent, or Crown Counsel may apply for a review of the young person’s sentence if the Court deems it appropriate (''YJA'' s 15(1)).  The application may be made:
+*Any time after 3 months from when the sentence was imposed (''YJA'' s 15(2)(a)(i)),
+*For a custodial sentence, any time after the greater of 15 days or one third of the sentence has been served (''YJA'' s 15(2)(a)(ii)), or
+*At any other time with leave of the Court (''YJA'' s 15(2)(b)).
+Under a review, the Court may confirm the sentence, vary it, rescind it, or make a new sentence, but a new or varied sentence must not be more onerous than the original sentence (''YJA'' 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)).
 == D. Special Concerns ==
 === 1. Publication of a Young Person’s Identity ===
-The provisions under Part 6 of the ''YCJA'' that ban the publication of a young person’s identity apply to the ''YJA'' (s. 4(1)). See [[Criminal Offences under the Youth Criminal Justice Act (2:III)#2. Publication of a Young Person’s Identity | Section III.J.2: Publication of a Young Person’s Identity]].
+The provisions under Part 6 of the ''YCJA'' that ban the publication of a young person’s identity apply to the ''YJA'' (''YJA'' s 4(1)). '''See Section III.K.2: Publication of a Young Person’s Identity''' above.
 === 2. Records ===
-The provisions of the ''YCJA'' governing the records of young persons dealt with under that Act are deemed to apply to the ''YJA'' (s 4(1)). The sections of the ''YCJA'' which apply to the ''YJA'' are sections 114 to 116, sections 118 to 127 and section 129. See [[Criminal Offences under the Youth Criminal Justice Act (2:III)#4. Records: Access and Disclosure | Section III.J.4: Records: Access and Disclosure]].
+The provisions of the ''YCJA'' governing the records of young persons apply to the ''YJA'' (''YJA'' s 4(1)), specifically ''YCJA'' ss 114 to 116,ss 118 to 127, and s 129. See '''Section III.K.4: Records: Access and Disclosure''' above.
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