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Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
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Criminal Offences under the Youth Criminal Justice Act (2:III) (view source)
Revision as of 19:41, 19 August 2018
, 19:41, 19 August 2018→1. Custodial Sentences
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An annual review is mandatory for all custodial sentences over one year. This review is to take place without delay at the end of one year from the date of the earliest youth sentence imposed and the end of every subsequent year from that date (ss 94 (1) and (2)). | An annual review is mandatory for all custodial sentences over one year. This review is to take place without delay at the end of one year from the date of the earliest youth sentence imposed and the end of every subsequent year from that date (ss 94 (1) and (2)). | ||
A young person may be entitled to an optional review. When the youth sentence is for less than one year a young person may request a review 30 days after the sentence is imposed or after serving one third of the sentence, whichever is greater (ss 94(3)(a)(i) and (ii)). When the youth sentence exceeds one year a young person may seek a review after serving six months of the sentence (s 94(3)(b)). In either case the review will only take place where the | A young person may be entitled to an optional review. When the youth sentence is for less than one year a young person may request a review 30 days after the sentence is imposed or after serving one third of the sentence, whichever is greater (ss 94(3)(a)(i) and (ii)). When the youth sentence exceeds one year a young person may seek a review after serving six months of the sentence (s 94(3)(b)). In either case the review will only take place where the Youth Justice Court is satisfied that there are grounds for such review (s 94(5)). Possible grounds for review are as follows: | ||
*The young person has made sufficient progress to justify a change in the sentence, | *The young person has made sufficient progress to justify a change in the sentence, | ||
*The circumstances that led to the youth sentence have changed materially, | *The circumstances that led to the youth sentence have changed materially, | ||
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*Any other grounds the youth justice court considers appropriate (s 94(6)). | *Any other grounds the youth justice court considers appropriate (s 94(6)). | ||
A progress report must be prepared for the purposes of review (s 94(9)). A | A progress report must be prepared for the purposes of review (s 94(9)). A Youth Justice Court, after review, may confirm the sentence or it may release the young person from custody and place the young person on conditional supervision (s 94(19)). The terms of the condition supervision will be imposed by the youth justice court in accordance with section 105. | ||
=== 2. Non-Custodial Sentences === | === 2. Non-Custodial Sentences === | ||
