Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
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Section 16.1 of the ''Canada Evidence Act'' provides that a person under 14 years of age is presumed to have the capacity to testify. Any person who challenges the capacity of such a witness bears the burden of satisfying the court that there is an issue as to the witness’ capacity to understand and respond to questions. It must be shown that the witness does not understand the duty of speaking the truth. | Section 16.1 of the ''Canada Evidence Act'' provides that a person under 14 years of age is presumed to have the capacity to testify. Any person who challenges the capacity of such a witness bears the burden of satisfying the court that there is an issue as to the witness’ capacity to understand and respond to questions. It must be shown that the witness does not understand the duty of speaking the truth. | ||
== | == H. Sentences == | ||
=== 1. Youth Sentences === | === 1. Youth Sentences === | ||
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When a young person is found guilty of certain designated offences (see s.487.04 of the ''CC''), an order may be made for the young person to provide samples of one or more bodily substances for the purpose of forensic DNA analysis, under ss. 487.051 and 487.052. The resulting DNA data is stored in a DNA databank, which is maintained by the RCMP. | When a young person is found guilty of certain designated offences (see s.487.04 of the ''CC''), an order may be made for the young person to provide samples of one or more bodily substances for the purpose of forensic DNA analysis, under ss. 487.051 and 487.052. The resulting DNA data is stored in a DNA databank, which is maintained by the RCMP. | ||
The ''DNA Identifications Act'', SC 1998, c 37, has been amended so as to limit the retention of DNA samples taken from a young person. DNA samples taken from young persons can be retained for shorter periods of time than those taken from adults (s. 9.1) and shall be promptly destroyed when the record relating to the offence is expunged (s. 10.1). | The ''DNA Identifications Act'', SC 1998, c 37, has been amended so as to limit the retention of DNA samples taken from a young person. DNA samples taken from young persons can be retained for shorter periods of time than those taken from adults (s. 9.1) and shall be promptly destroyed when the record relating to the offence is expunged (s. 10.1). | ||
== H. Review of Sentences == | == H. Review of Sentences == | ||