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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 20:00, 29 August 2016
, 20:00, 29 August 2016→1. Youth Sentences
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Custodial sentence options include: | Custodial sentence options include: | ||
*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 he/she may still choose to impose the maximum period of custody and supervision available under the statute. | *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 he/she 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. | ||
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''Section 19 Conferences'' | ''Section 19 Conferences'' | ||
A youth justice court may convene a conference under section 19 for recommendations as to an appropriate sentence (s. 41 and 19). Conferences can be an effective means of coordinating services, broadening the range of perspectives on a case, and arriving at more creative and appropriate resolutions. Conferences can be composed of a number of different people, including the victim the accused, his or her parents, members of the justice system, and community resource professionals. The conference may elicit advice on decisions such as a suitable extrajudicial measure, a condition for release from pre-trial detention, appropriate sentencing and plans for reintegrating the young person back into the community after release from custody. | A youth justice court may convene a conference under section 19 for recommendations as to an appropriate sentence (s. 41 and 19). Conferences can be an effective means of coordinating services, broadening the range of perspectives on a case, and arriving at more creative and appropriate resolutions. Conferences can be composed of a number of different people, including the victim the accused, his or her parents, members of the justice system, and community resource professionals. The conference may elicit advice on decisions such as a suitable extrajudicial measure, a condition for release from pre-trial detention, appropriate sentencing and plans for reintegrating the young person back into the community after release from custody. | ||
=== 2. Adult Sentences === | === 2. Adult Sentences === | ||