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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 20:05, 5 August 2020
, 20:05, 5 August 2020→5. Pre-Trial Detention
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=== 5. Pre-Trial Detention === | === 5. Pre-Trial Detention === | ||
The rules for pre-trial detention are set out in sections 28 and 29 of the ''YCJA''. A young person cannot be detained in custody | The rules for pre-trial detention are set out in sections 28 and 29 of the ''YCJA''. A young person cannot be detained in custody or have conditions included in an undertaking as a substitute for appropriate child protection, mental health or other social measures. | ||
Moreover, starting December 18, 2019, a young person may be subjected to a condition only if the judge/justice is satisfied that (s 29(1)): | Moreover, starting December 18, 2019, a young person may be subjected to a condition only if the judge/justice is satisfied that (s 29(1)): | ||
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#*evidence that detention is necessary for the protection of the public having regard to all the circumstances including a substantial likelihood that the young person will commit a serious offence, or | #*evidence that detention is necessary for the protection of the public having regard to all the circumstances including a substantial likelihood that the young person will commit a serious offence, or | ||
#*evidence that the young person has been charged with a serious offence and detention is necessary to maintain confidence in the administration of justice having regard to the declaration of principle and all the circumstances, including: strength of the prosecution’s case, gravity of the offence, circumstances surrounding the commission of the offence, and the young person is liable for a potentially lengthy custodial sentence. | #*evidence that the young person has been charged with a serious offence and detention is necessary to maintain confidence in the administration of justice having regard to the declaration of principle and all the circumstances, including: strength of the prosecution’s case, gravity of the offence, circumstances surrounding the commission of the offence, and the young person is liable for a potentially lengthy custodial sentence. | ||
#There are no conditions that | #There are no conditions that could: | ||
#*reduce the likelihood that the young person would not appear in court, or | |||
#*offer adequate protection to the public, or | |||
#*maintain confidence in the administration of justice. | |||
Bill C-75 adds the requirement that if a young person is charged with a summary offence (or the Crown is proceeding summarily), the need for detention must be reviewed every 30 days. | |||
A young person may be placed in the care of a responsible person instead of being held in custody if a youth justice court is satisfied that: | A young person may be placed in the care of a responsible person instead of being held in custody if a youth justice court is satisfied that: | ||
