Difference between revisions of "Criminal Offences: Youth Criminal Justice Act (2:III)"

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Criminal Offences: Youth Criminal Justice Act (2:III) (view source)

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=== 1. Custodial Sentences ===
=== 1. Custodial Sentences ===
An annual review is mandatory for all custodial sentences over one year. This review is to take place without delay at the end of one year from the date of the earliest youth sentence imposed and the end of every subsequent year from that date (ss 94 (1) and (2)).
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 the youth sentence is for less than one year, a young person may request a review 30 days after the sentence is <ref>imposed or after serving one-third of the sentence, whichever is longer (ss 94(3)(a)(i) and (ii)). When the youth sentence exceeds one year, a young person may seek a review after serving six months of the sentence (s 94(3)(b)). In either case, the review will only take place where the Youth Justice Court is satisfied that there are grounds for such review (s 94(5)). Possible grounds for review are as follows:
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:
*The young person has made sufficient progress to justify a change in the sentence
*“[T]he young person has made sufficient progress to justify a change in the youth sentence” (''YCJA'' s 94(6)(a));
*The circumstances that led to the youth sentence have changed materially
*“[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 not available at the time of the youth sentence
*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 in the community, or
*The opportunities for rehabilitation in the community are now greater (''YCJA'' s 94(6)(d)); or  
*Any other grounds the Youth Justice Court considers appropriate (s. 94(6)).
*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)).


A progress report must be prepared for the purposes of review (s. 94(9)). A Youth Justice Court, after review, may confirm the sentence or it may release the young person from custody and place the young person on conditional supervision (s. 94(19)). The terms of the condition supervision will be imposed by the youth justice court in accordance with section 105.


=== 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:
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:
*The circumstances that led to the youth sentence have changed materially,
*"[T]he circumstances that led to the youth sentence have changed materially” (''YCJA'' s 59(2)(a));
*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 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 an order without reasonable excuse,
*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 opportunities available to the young person to obtain services, education or employment, or
*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
*Any other ground that the youth justice court considers appropriate (s. 59(2)).  
*There is another ground the Youth Justice Court considers appropriate (''YCJA'' s 59(2)(e)).


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)). Section 59(8) states that the varied sentence cannot be more onerous than 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 one year (s 59(9)). Further, the new section 59(10) allows for more onerous conditions to be added onto a sentence made under section 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.
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 ==
LSLAP
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