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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 17:50, 9 August 2022
, 17:50, 9 August 2022→5. Pre-Trial Detention and Conditions
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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. | 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 behaviour, and, | *the condition is reasonable to the circumstances of the offending behaviour, and, | ||
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A young person may only be detained in custody where the Crown has proven, on a balance of probabilities, that: | 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 | ||
#*has a history that indicates a pattern of either outstanding charges or findings of guilt. | #*has a history that indicates a pattern of either outstanding charges or findings of guilt. | ||
#There is either: | #There is either: | ||
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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 undertaking may result in the responsible person being charged with an offence punishable with up to two years imprisonment (s 139). | 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. | ||
