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Difference between revisions of "Provincial Offences under the Youth Justice (British Columbia) Act (2:IV)"
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Provincial Offences under the Youth Justice (British Columbia) Act (2:IV) (view source)
Revision as of 18:06, 9 August 2022
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=== 1. General === | === 1. General === | ||
Once a young person is found guilty of an offence, the Court must impose one or more of the available sentences provided within the ''YJA'', and no others (s 8(1)). The sentence is effective as of the date it is imposed by the court, unless the young person is already serving a custodial sentence, in which case the new sentence will be imposed on the date of expiry of the previous custodial sentence (ss 9(1) and (2)). | Once a young person is found guilty of an offence, the Court must impose one or more of the available sentences provided within the ''YJA'', and no others (s. 8(1)). The sentence is effective as of the date it is imposed by the court, unless the young person is already serving a custodial sentence, in which case the new sentence will be imposed on the date of expiry of the previous custodial sentence (ss 9(1) and (2)). | ||
The possible sentences available to the court are: | The possible sentences available to the court are: | ||
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*community work service hours to a maximum of 240 hours and to be completed within a specified period no longer than one year; | *community work service hours to a maximum of 240 hours and to be completed within a specified period no longer than one year; | ||
*probation for a maximum of 6 months; | *probation for a maximum of 6 months; | ||
*custody not exceeding 30 days for specified offences under s 8(2)(e) (for example, trespassing on school grounds under section 177(2) of the ''School Act''); | *custody not exceeding 30 days for specified offences under s. 8(2)(e) (for example, trespassing on school grounds under section 177(2) of the ''School Act''); | ||
*custody not exceeding 90 days for other offences specified under section 8(2)(f) (for example, driving while prohibited or suspended under sections 95(1), 102, or 234(1) of the ''Motor Vehicle Act''); and/or | *custody not exceeding 90 days for other offences specified under section 8(2)(f) (for example, driving while prohibited or suspended under sections 95(1), 102, or 234(1) of the ''Motor Vehicle Act''); and/or | ||
*a driving prohibition for an offence under the Motor Vehicle Act. | *a driving prohibition for an offence under the Motor Vehicle Act. | ||
The Court must not impose a sentence that results in punishment being imposed on a young person that is greater than the maximum punishment that could be imposed on an adult who has been convicted of the same offence (s 8(5)). | The Court must not impose a sentence that results in punishment being imposed on a young person that is greater than the maximum punishment that could be imposed on an adult who has been convicted of the same offence (s. 8(5)). | ||
:'''NOTE:''' Custodial sentences under the ''YJA'' do not include a period of community supervision, as under the ''YCJA''. However, the Court may order a period of probation to follow a custodial sentence if it thinks it appropriate. | :'''NOTE:''' Custodial sentences under the ''YJA'' do not include a period of community supervision, as under the ''YCJA''. However, the Court may order a period of probation to follow a custodial sentence if it thinks it appropriate. | ||