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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 23:26, 31 August 2021
, 23:26, 31 August 2021→5. Pre-Trial Detention and Conditions
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=== 5. Pre-Trial Detention and Conditions === | === 5. Pre-Trial Detention and Conditions === | ||
The rules | The rules of 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)): | ||
*the condition is needed to ensure their court appearance or keep safe or protect the public, | *the condition is needed to ensure their court appearance or keep safe or protect the public, | ||
*the condition is reasonable to the circumstances of the offending | *the condition is reasonable to the circumstances of the offending behaviour, and, | ||
*the young person would reasonably be able to | *the young person would reasonably be able to comply with the condition. | ||
A young person may only be detained in custody where the Crown has proven, on a balance of probabilities, that: | |||
#The young person has either: | #The young person has either: | ||
#*been charged with a serious offence (as defined in s 2, ''YCJA''), or | #*been charged with a serious offence (as defined in s 2, ''YCJA''), or | ||
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#*a substantial likelihood that the young person will not appear in court, or | #*a substantial likelihood that the young person will not appear in court, 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 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: the strength of the prosecution’s case, the 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 would: | ||
#*reduce the likelihood that the young person would not appear in court, or | #*reduce the likelihood that the young person would not appear in court, or | ||
#*offer adequate protection to the public, or | #*offer adequate protection to the public, or | ||
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#the young person is willing to be placed in the care of that person. | #the young person is willing to be placed in the care of that person. | ||
A responsible person who agrees to care for a young person under section 31(3) adopts a very serious responsibility. The responsible person must sign an undertaking that binds them to oversee and essentially police the young person’s bail order. This undertaking often includes a term that the responsible person report to the police and the bail supervisor any breaches of the bail conditions. Wilful failure to comply with the terms of the | A responsible person who agrees to care for a young person under section 31(3) adopts a very serious responsibility. The responsible person must sign an undertaking that binds them to oversee and essentially police the young person’s bail order. This undertaking often includes a term that the responsible person report to the police and the bail supervisor any breaches of the bail conditions. Wilful failure to comply with the terms of the undertaking may result in the responsible person being charged with an offence punishable with up to two years imprisonment (s 139). | ||
Section 30 of the ''YCJA'' provides that a young person who has been detained in custody prior to being sentenced must be placed in a youth facility. When that person attains the age of 20 years they shall be placed in an adult facility. | Section 30 of the ''YCJA'' provides that a young person who has been detained in custody prior to being sentenced must be placed in a youth facility. When that person attains the age of 20 years they shall be placed in an adult facility. | ||
