5,109
edits
Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
From Clicklaw Wikibooks
Criminal Offences under the Youth Criminal Justice Act (2:III) (view source)
Revision as of 20:14, 5 August 2020
, 20:14, 5 August 2020→1. Youth Sentences
| Line 219: | Line 219: | ||
*h. An Intensive Support and Supervision Program Order (ISSO), and | *h. An Intensive Support and Supervision Program Order (ISSO), and | ||
*i. Non-residential programs | *i. Non-residential programs | ||
Where a fine or an order for compensation or restitution is imposed, a court must consider the present and future means of the young person to pay. If a fine is imposed, the ''YCJA'' allows for the lieutenant governor in council of the province to order a percentage of any fine imposed on a young person to be used to assist victims of offences (s 53(1)). In B.C., an Order in Council has set this at 15%. Where a conditional discharge, probation or ISSO is imposed, | Where a fine or an order for compensation or restitution is imposed, a court must consider the present and future means of the young person to pay. If a fine is imposed, the ''YCJA'' allows for the lieutenant governor in council of the province to order a percentage of any fine imposed on a young person to be used to assist victims of offences (s 53(1)). In B.C., an Order in Council has set this at 15%. Where a conditional discharge, probation or ISSO is imposed, the court must ensure that any conditions included complying with the requirements in s 38(2)(e.1) of the YCJA. | ||
Section 39(1) of the ''YCJA'' provides that a young person cannot be committed to custody unless: | Section 39(1) of the ''YCJA'' provides that a young person cannot be committed to custody unless: | ||
*a. The young person has committed a violent offence, | *a. The young person has committed a violent offence, | ||
*b. The | *b. The young person has previously been found guilty of an offence under section 137 in relation to more than one sentence and, if the court is imposing a sentence for an offence under subsections 145(2) to (5) of the Criminal Code or section 137, the young person must have caused harm, or a risk of harm, to the safety of the public in committing that offence, | ||
*c. The young person has committed an indictable offence for which an adult would be liable to imprisonment for a term of more than 2 years and has a history that indicates a pattern of either extrajudicial sanctions or of findings of guilt, or | *c. The young person has committed an indictable offence for which an adult would be liable to imprisonment for a term of more than 2 years and has a history that indicates a pattern of either extrajudicial sanctions or of findings of guilt, or | ||
*d. In exceptional cases where the young person has committed an indictable offence, the aggravating circumstances of the offence are such that the imposition of a non-custodial sentence would be inconsistent with the purpose and principles set out in section 38. | *d. In exceptional cases where the young person has committed an indictable offence, the aggravating circumstances of the offence are such that the imposition of a non-custodial sentence would be inconsistent with the purpose and principles set out in section 38. | ||
| Line 235: | Line 235: | ||
*a. '''Deferred Custody and Supervision Order (s 42(2)(p)''': This is a custodial sentence served in the community. It is not available where a young person has committed an offence that causes or attempts to cause serious bodily harm. The maximum duration of this sentence is 6 months. If the young person breaches a condition of the DCSO, a warrant may be issued and, after a hearing, the DCSO may be converted to a Custody and Supervision Order. | *a. '''Deferred Custody and Supervision Order (s 42(2)(p)''': This is a custodial sentence served in the community. It is not available where a young person has committed an offence that causes or attempts to cause serious bodily harm. The maximum duration of this sentence is 6 months. If the young person breaches a condition of the DCSO, a warrant may be issued and, after a hearing, the DCSO may be converted to a Custody and Supervision Order. | ||
*b. '''Custody and Supervision Order (s 42(2) (n))'''. The maximum duration of a CSO is two years, or three years if an adult maximum sentence is life imprisonment. Two thirds of the sentence must be served in custody while the remaining one-third is served under a community supervision order. The level of custody (open custody or secure custody) must be specified by the youth justice court (s 88 and Order in Council 267/2003). The provincial director sets the mandatory and optional condition of the community portion of the CSO (s 97). In ''R v RRJ'', 2009 BCCA 580, the British Columbia Court of Appeal held that pre-sentence detention is not part of the sentence imposed. The Court explained that the Judge must consider time already served in custody when sentencing a young person but | *b. '''Custody and Supervision Order (s 42(2) (n))'''. The maximum duration of a CSO is two years, or three years if an adult maximum sentence is life imprisonment. Two thirds of the sentence must be served in custody while the remaining one-third is served under a community supervision order. The level of custody (open custody or secure custody) must be specified by the youth justice court (s 88 and Order in Council 267/2003). The provincial director sets the mandatory and optional condition of the community portion of the CSO (s 97). In [http://canlii.ca/t/273vr ''R v RRJ'', 2009 BCCA 580], the British Columbia Court of Appeal held that pre-sentence detention is not part of the sentence imposed. The Court explained that the Judge must consider time already served in custody when sentencing a young person but that the judge may still choose to impose the maximum period of custody and supervision available under the statute. | ||
*c. '''Custody and Supervision Order (s 42(2) (o))''': A custody term of a maximum of three years can be imposed where a young person is convicted of either attempted murder, manslaughter or aggravated sexual assault. There is no minimum time period that must be spent in custody. The time spent in custody is left up to the Judge’s discretion. | *c. '''Custody and Supervision Order (s 42(2) (o))''': A custody term of a maximum of three years can be imposed where a young person is convicted of either attempted murder, manslaughter or aggravated sexual assault. There is no minimum time period that must be spent in custody. The time spent in custody is left up to the Judge’s discretion. | ||
