Difference between revisions of "Provincial Offences under the Youth Justice (British Columbia) Act (2:IV)"
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== 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 ( | 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 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)). | ||
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A young person, a parent of the young person, or the Attorney General may apply for a review of the young person’s sentence if the Court deems it appropriate (s 15(1)). The application may be made at any time after three months after the date the sentence was given, or with leave of the Court at any time. | A young person, a parent of the young person, or the Attorney General may apply for a review of the young person’s sentence if the Court deems it appropriate (s 15(1)). The application may be made at any time after three months after the date the sentence was given, or with leave of the Court at any time. | ||
In the case of custodial sentences under section 8(2)(e) or (f), an application may be made once the greater of 15 days or one third of the sentence has been served (s 15(2)). Under a review, the | In the case of custodial sentences under section 8(2)(e) or (f), an application may be made once the greater of 15 days or one third of the sentence has been served (s 15(2)). Under a review, the Court may vary, rescind, or confirm the sentence, or make an entirely new sentence, but the new or varied sentence must not be more onerous than the sentence under review (ss 15(8) and (9)). | ||
== D. Special Concerns == | == D. Special Concerns == | ||
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=== 2. Records === | === 2. Records === | ||
The provisions of the ''YCJA'' governing the records of young persons dealt with under that Act are deemed to apply to the ''YJA'' (s 4(1)). The sections of the ''YCJA'' which apply to the ''YJA'' are | The provisions of the ''YCJA'' governing the records of young persons dealt with under that Act are deemed to apply to the ''YJA'' (s 4(1)). The sections of the ''YCJA'' which apply to the ''YJA'' are ss 114 to 116, ss 118 to 127 and s 129. See [[Criminal Offences under the Youth Criminal Justice Act (2:III)#4. Records: Access and Disclosure | Section III.J.4: Records: Access and Disclosure]]. | ||
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