Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
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=== 5. Mental Health Provisions === | === 5. Mental Health Provisions === | ||
Young persons who come into contact with the criminal justice system may suffer from mental health issues. The ''CC'' provisions regarding mental disorders apply to the ''YCJA'' except to the extent they are inconsistent with the ''YJCA'' (s 141). Section 34 of the ''YCJA'' allows the | Young persons who come into contact with the criminal justice system may suffer from mental health issues. The ''CC'' provisions regarding mental disorders apply to the ''YCJA'' except to the extent they are inconsistent with the ''YJCA'' (s 141). Section 34 of the ''YCJA'' allows the Court to take into account the mental health of a young person and order a report in certain circumstances. | ||
Pursuant to section 34, at any stage of the proceedings the | Pursuant to section 34, at any stage of the proceedings the Court may order an assessment of a young person by a qualified person who is required to report the results of the assessment in writing: | ||
*i) with the consent of the young person and the | *i) with the consent of the young person and the Crown, or | ||
*ii) on its own motion or on application of the young person or the | *ii) on its own motion or on application of the young person or the Crown if the court believes a report is necessary | ||
and if: | and if: | ||
*a) the | *a) the Court has reasonable grounds to believe that the young person is suffering from a physical or mental illness or disorder, a psychological disorder, an emotional disturbance, a learning disability or a mental disability, | ||
*b) the young person has a history indicating a pattern of offences, or | *b) the young person has a history indicating a pattern of offences, or | ||
*c) the young person is alleged to have committed a serious violent offence. | *c) the young person is alleged to have committed a serious violent offence. | ||
An assessment report can be ordered for a limited number of designated purposes, i.e. if the | An assessment report can be ordered under YCJA s. 34(2) for a limited number of designated purposes, i.e. if the Youth Justice Court is: | ||
*considering an application under s 33 (release from or detention in custody), | *considering an application under s 33 (release from or detention in custody), | ||
*deciding whether to impose an adult or youth sentence, | *deciding whether to impose an adult or youth sentence under s. 71, | ||
*making or reviewing a youth sentence, | *making or reviewing a youth sentence, | ||
*considering an application for continuation of custody, | *considering an application for continuation of custody (s. 104(1)), | ||
*setting conditions for conditional supervision, | *setting conditions for conditional supervision (s. 105(1)), | ||
*making an order after a review of a breach of conditional supervision, or | *making an order after a review of a breach of conditional supervision (s. 109(2)), or | ||
*authorizing disclosure of information about a young person (s | *authorizing disclosure of information about a young person (s. 127(1)). | ||
Only the people described in s 119 of the ''YCJA'' can have access to the medical and psychological reports outlined in s 34. For more information on mental illness and the law, see [[Introduction to Mental Health and Capacity (14:I) | Chapter 14: Mental Health Law]]. | Only the people described in s 119 of the ''YCJA'' can have access to the medical and psychological reports outlined in s 34. For more information on mental illness and the law, see [[Introduction to Mental Health and Capacity (14:I) | Chapter 14: Mental Health Law]]. | ||