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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 18:01, 9 August 2022
, 18:01, 9 August 2022→2. Non-Custodial Sentences
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=== 2. Non-Custodial Sentences === | === 2. Non-Custodial Sentences === | ||
As of December 18, 2019, section 59(1) of the ''YCJA'' allows for non-custodial sentences to be reviewed at any time after they are imposed. They no longer require leave from a PCJ for a review within the first 6 month period after sentencing. The application for review can be made by the provincial director, the young person, the young person’s parent, or by Crown Counsel (s 59(1)). The grounds for review are: | As of December 18, 2019, section 59(1) of the ''YCJA'' allows for non-custodial sentences to be reviewed at any time after they are imposed. They no longer require leave from a PCJ for a review within the first 6 month period after sentencing. The application for review can be made by the provincial director, the young person, the young person’s parent, or by Crown Counsel (s. 59(1)). The grounds for review are: | ||
*The circumstances that led to the youth sentence have changed materially, | *The circumstances that led to the youth sentence have changed materially, | ||
*The young person is unable to comply with or is experiencing serious difficulty in complying with the terms of the youth sentence, | *The young person is unable to comply with or is experiencing serious difficulty in complying with the terms of the youth sentence, | ||
*The young person has contravened a condition of an order without reasonable excuse, | *The young person has contravened a condition of an order without reasonable excuse, | ||
*The terms of the youth sentence are adversely affecting the opportunities available to the young person to obtain services, education or employment, or | *The terms of the youth sentence are adversely affecting the opportunities available to the young person to obtain services, education or employment, or | ||
*Any other ground that the youth justice court considers appropriate (s 59(2)). | *Any other ground that the youth justice court considers appropriate (s. 59(2)). | ||
A progress report may be ordered for the purposes of such a review (s 59(3)). A Youth Justice Court, after conducting a review, may confirm the youth sentence, terminate the youth sentence or vary the youth sentence (s 59(7)). Subsection 59(8) states that the varied sentence cannot be more onerous that the original youth sentence, unless the young person consents or more time is required to comply with the youth sentence (s 59(9)). The time to complete a community work service order or a restitution order may be extended for up to 1 year (s 59(9)). Further, the new s 59(10) allows for more onerous conditions to be added onto a sentence made under 42(2) or (1) if they would either better protect the safety of the public from the risk of harm by the young offender, or if it would assist the young offender to comply with any conditions previously imposed as part of the sentence. | A progress report may be ordered for the purposes of such a review (s. 59(3)). A Youth Justice Court, after conducting a review, may confirm the youth sentence, terminate the youth sentence or vary the youth sentence (s. 59(7)). Subsection 59(8) states that the varied sentence cannot be more onerous that the original youth sentence, unless the young person consents or more time is required to comply with the youth sentence (s. 59(9)). The time to complete a community work service order or a restitution order may be extended for up to 1 year (s. 59(9)). Further, the new s. 59(10) allows for more onerous conditions to be added onto a sentence made under 42(2) or (1) if they would either better protect the safety of the public from the risk of harm by the young offender, or if it would assist the young offender to comply with any conditions previously imposed as part of the sentence. | ||
== J. Appeals == | == J. Appeals == | ||
