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Difference between revisions of "Provincial Offences under the Youth Justice (British Columbia) Act (2:IV)"

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== A. Definition of Young Person ==  
== A. Definition of Young Person ==  
Young Person means a person who is or, in the absence of evidence to the contrary, appears to be 12 years old or older, but less than 18 years old and, if the context requires, includes any person who is charged under the YCJA with having committed an offence while they were a young person or who is found guilty of an offence under the YCJA.
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).


== B. Notice to Parents ==
== B. Notice to Parents ==
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)).  
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)).  


If a young person is going to be detained until his or her 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 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 notice is not given under sections 5(1) or (3), the proceedings are still valid (s 5(4)).
If notice is not given under sections 5(1) or (3), the proceedings are still valid (s 5(4)).