Criminal Offences: Youth Criminal Justice Act (2:III): Difference between revisions
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Criminal Offences: Youth Criminal Justice Act (2:III) (view source)
Revision as of 23:39, 13 August 2024
, 13 August→I. Review of Sentences
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=== 1. Custodial Sentences === | === 1. Custodial Sentences === | ||
An annual review is mandatory for all custodial sentences | An annual review is mandatory for all custodial sentences lasting more than a year. This review must occur at the end of one year from when the most recent youth sentence was imposed for a single offence, or if the young person is serving youth sentences for more than one offence, from when the earliest youth sentence was imposed (''YCJA'' ss 94(1) & (2)). Further reviews must be held at the end of every subsequent year from that date (''YCJA'' ss 94(1) & (2)). | ||
A young person may be entitled to an optional review. When | A young person may also be entitled to an optional review. When a youth sentence is less than one year, a young person may request a review 30 days after the sentence is imposed or after serving one-third of the sentence, whichever is longer (''YCJA'' s 94(3)(a)). When the youth sentence exceeds one year, a young person may seek a review after serving six months of the sentence (''YCJA'' s 94(3)(b)). For the review to occur, the Youth Justice Court must be satisfied that there are grounds for the review (''YCJA'' s 94(5)). The Court must review the youth sentence if: | ||
* | *“[T]he young person has made sufficient progress to justify a change in the youth sentence” (''YCJA'' s 94(6)(a)); | ||
* | *“[T]he circumstances that led to the youth sentence have changed materially” (''YCJA'' s 94(6)(b)); | ||
*There are new services or programs available that were | *There are new services or programs available that were unavailable at the time of the youth sentence (''YCJA'' s 94(6)(c)); | ||
*The opportunities for rehabilitation are now greater | *The opportunities for rehabilitation in the community are now greater (''YCJA'' s 94(6)(d)); or | ||
* | *There is another ground which the Youth Justice Court considers appropriate (''YCJA'' s 94(6)(e)). | ||
For both optional and annual reviews, a progress report must be prepared for the Youth Justice Court before the review occurs (''YCJA'' s 94(9)). After reviewing a youth sentence the Youth Justice Court will either confirm the sentence; release the young person from custody and place them on conditional supervision; or, if the youth was sentenced to an Intensive Rehabilitative Custody and Supervision Order, convert it to a Custody and Supervision Order (or to a Custody and Conditional Supervision Order, if the offence is murder) (''YCJA'' s 94(19)). | |||
=== 2. Non-Custodial Sentences === | === 2. Non-Custodial Sentences === | ||
Section 59(1) of the ''YCJA'' allows for non-custodial sentences to be reviewed any time after they are imposed if there are grounds for review. The application for review can be made by the provincial director, the young person, their parent, or by Crown Counsel (''YCJA'' s 59(1)). The Court must review the youth sentence if: | |||
* | *"[T]he circumstances that led to the youth sentence have changed materially” (''YCJA'' s 59(2)(a)); | ||
*The young person is | *The young person is cannot comply with or “is experiencing serious difficulty in complying with” the terms of the youth sentence (''YCJA'' s 59(2)(b)); | ||
*The young person has contravened a condition of | *The young person has unreasonably contravened a condition of the youth sentence (''YCJA'' s 59(2)(c)); | ||
*The terms of the youth sentence are adversely affecting | *The terms of the youth sentence are adversely affecting the young person’s ability “to obtain services, education or employment” (''YCJA'' s 59(2)(d)); or | ||
* | *There is another ground the Youth Justice Court considers appropriate (''YCJA'' s 59(2)(e)). | ||
The Youth Justice Court can order that a progress report be prepared ahead of a review of a non-custodial youth sentence (''YCJA'' s 59(3)). After conducting the review, the Court can either confirm the youth sentence, terminate it, vary it, or impose a new non-custodial sentence which the Court considers appropriate (''YCJA'' s 59(7)). However, a varied or new youth sentence cannot be more onerous than the original sentence, unless: | |||
*the young person has contravened their order, and more onerous conditions would better protect the public or assist the young person to comply with their existing conditions (''YCJA'' s 59(10(a)); | |||
*the young person requires more time (up to 12 months) to comply with their sentence (''YCJA'' s 59(9); or | |||
*the young person otherwise consents (''YCJA'' s 59(8). | |||
== J. Appeals == | == J. Appeals == |