Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
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=== 2. Non-Custodial Sentences === | === 2. Non-Custodial Sentences === | ||
Non-custodial sentences may be reviewed six months after they are imposed or earlier with permission of the court. The application for review can be made by the provincial director, the young person, the young person’s parent or by crown counsel (s | Non-custodial sentences may be reviewed six months after they are imposed or earlier with permission of the court. The application for review can be made by the provincial director, the young person, the young person’s parent or by crown counsel (s 59(1)). The grounds for review are: | ||
*The circumstances that led to the youth sentence have changed materially, | *The circumstances that led to the youth sentence have changed materially, | ||
*The young person is unable to comply with or is experiencing serious difficulty in complying with the terms of the youth sentence, | *The young person is unable to comply with or is experiencing serious difficulty in complying with the terms of the youth sentence, | ||
*The young person has contravened a condition of an order without reasonable excuse, | *The young person has contravened a condition of an order without reasonable excuse, | ||
*The terms of the youth sentence are adversely affecting the opportunities available to the young person to obtain services, education or employment, or | *The terms of the youth sentence are adversely affecting the opportunities available to the young person to obtain services, education or employment, or | ||
*Any other ground that the youth justice court considers appropriate (s | *Any other ground that the youth justice court considers appropriate (s 59(2)). | ||
A progress report may be ordered for the purposes of such a review (s | A progress report may be ordered for the purposes of such a review (s 59(3)). A youth justice court, after conducting a review, may confirm the youth sentence, terminate the youth sentence or vary the youth sentence (s 59(7)). The varied sentence cannot be more onerous that the original youth sentence (s 59(8)). The time to complete a community work service order or a restitution order may be extended for up to 1 year (s 59(9)). | ||
== I. Appeals == | == I. Appeals == | ||