GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Youth Criminal Justice Act — Y-1.5
You are ordered to serve ( state the number of days or months to be served ) in custody, to be followed by ( state one-half of the number of days or months stated above ) to be served under supervision in the community subject to conditions.
Youth Criminal Justice Act — Y-1.5
If you breach any of the conditions while you are under supervision in the community, you may be brought back into custody and required to serve the rest of the second period in custody as well.
Youth Criminal Justice Act — Y-1.5
You should also be aware that, under other provisions of the Youth Criminal Justice Act , a court could require you to serve the second period in custody as well.
Youth Criminal Justice Act — Y-1.5
The periods in custody and under supervision in the community may be changed if you are or become subject to another sentence.
Youth Criminal Justice Act — Y-1.5 43
Additional youth sentences 43 Subject to subsection 42(15) (duration of youth sentences), if a young person who is subject to a custodial sentence imposed under paragraph 42(2)(n), (o), (q) or (r) that has not expired receives an additional youth sentence under one of those paragraphs, the young person is, for the purposes of the Corrections and Conditional Release Act , the Criminal Code , the Prisons and Reformatories Act and this Act, deemed to have been sentenced to one youth sentence commencing at the beginning of the first of those youth sentences to be served and ending on the expiry of the last of them to be served.
Youth Criminal Justice Act — Y-1.5 44
Custodial portion if additional youth sentence 44 Subject to subsection 42(15) (duration of youth sentences) and section 46 (exception when youth sentence in respect of earlier offence), if an additional youth sentence under paragraph 42(2)(n), (o), (q) or (r) is imposed on a young person on whom a youth sentence had already been imposed under one of those paragraphs that has not expired and the expiry date of the youth sentence that includes the additional youth sentence, as determined in accordance with section 43, is later than the expiry date of the youth sentence that the young person was serving before the additional youth sentence was imposed, the custodial portion of the young person’s youth sentence is, from the date the additional sentence is imposed, the total of (a) the unexpired portion of the custodial portion of the youth sentence before the additional youth sentence was imposed, and (b) the relevant period set out in subparagraph (i), (ii) or (iii): (i) if the additional youth sentence is imposed under paragraph 42(2)(n), the period that is two thirds of the period that constitutes the difference between the expiry of the youth sentence as determined in accordance with section 43 and the expiry of the youth sentence that the young person was serving before the additional youth sentence was imposed, (ii) if the additional youth sentence is a concurrent youth sentence imposed under paragraph 42(2)(o), (q) or (r), the custodial portion of the youth sentence imposed under that paragraph that extends beyond the expiry date of the custodial portion of the sentence being served before the imposition of the additional sentence, or (iii) if the additional youth sentence is a consecutive youth sentence imposed under paragraph 42(2)(o), (q) or (r), the custodial portion of the additional youth sentence imposed under that paragraph.
Youth Criminal Justice Act — Y-1.5 45
Supervision when additional youth sentence extends the period in custody 45 (1) If a young person has begun to serve a portion of a youth sentence in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r) at the time an additional youth sentence is imposed under one of those paragraphs, and, as a result of the application of section 44, the custodial portion of the young person’s youth sentence ends on a day that is later than the day on which the young person received the additional youth sentence, the serving of a portion of the youth sentence under supervision in the community subject to conditions or under conditional supervision shall become inoperative and the young person shall be committed to custody under paragraph 102(1)(b) or 106(b) until the end of the extended portion of the youth sentence to be served in custody. Supervision when additional youth sentence does not extend the period in custody (2) If a youth sentence has been imposed under paragraph 42(2)(n), (o), (q) or (r) on a young person who is under supervision in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r), and the additional youth sentence would not modify the expiry date of the youth sentence that the young person was serving at the time the additional youth sentence was imposed, the young person may be remanded to the youth custody facility that the provincial director considers appropriate. The provincial director shall review the case and, no later than forty-eight hours after the remand of the young person, shall either refer the case to the youth justice court for a review under section 103 or 109 or release the young person to continue the supervision in the community or the conditional supervision. Supervision when youth sentence additional to supervision (3) If a youth sentence has been imposed under paragraph 42(2)(n), (o), (q) or (r) on a young person who is under conditional supervision under paragraph 94(19)(b) or subsection 96(5), the young person shall be remanded to the youth custody facility that the provincial director considers appropriate. The provincial director shall review the case and, no later than forty-eight hours after the remand of the young person, shall either refer the case to the youth justice court for a review under section 103 or 109 or release the young person to continue the conditional supervision.
Youth Criminal Justice Act — Y-1.5 46
Exception when youth sentence in respect of earlier offence 46 The total of the custodial portions of a young person’s youth sentences shall not exceed six years calculated from the beginning of the youth sentence that is determined in accordance with section 43 if (a) a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) on the young person already serving a youth sentence under one of those paragraphs; and (b) the later youth sentence imposed is in respect of an offence committed before the commencement of the earlier youth sentence.
Youth Criminal Justice Act — Y-1.5 47
Committal to custody deemed continuous 47 (1) Subject to subsections (2) and (3), a young person who is sentenced under paragraph 42(2)(n) is deemed to be committed to continuous custody for the custodial portion of the sentence. Intermittent custody (2) If the sentence does not exceed ninety days, the youth justice court may order that the custodial portion of the sentence be served intermittently if it is consistent with the purpose and principles set out in section 38. Availability of place of intermittent custody (3) Before making an order of committal to intermittent custody, the youth justice court shall require the prosecutor to make available to the court for its consideration a report of the provincial director as to the availability of a youth custody facility in which an order of intermittent custody can be enforced and, if the report discloses that no such youth custody facility is available, the court shall not make the order.
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Reasons for the sentence 48 When a youth justice court imposes a youth sentence, it shall state its reasons for the sentence in the record of the case and shall, on request, give or cause to be given a copy of the sentence and the reasons for the sentence to (a) the young person, the young person’s counsel, a parent of the young person, the provincial director and the prosecutor; and (b) in the case of a committal to custody under paragraph 42(2)(n), (o), (q) or (r), the review board.
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Warrant of committal 49 (1) When a young person is committed to custody, the youth justice court shall issue or cause to be issued a warrant of committal. Custody during transfer (2) A young person who is committed to custody may, in the course of being transferred from custody to the court or from the court to custody, be held under the supervision and control of a peace officer or in any place of temporary detention referred to in subsection 30(1) that the provincial director may specify. Subsection 30(3) applies (3) Subsection 30(3) (detention separate from adults) applies, with any modifications that the circumstances require, in respect of a person held in a place of temporary detention under subsection (2).
Youth Criminal Justice Act — Y-1.5 50
Application of Part XXIII of Criminal Code 50 (1) Subject to section 74 (application of Criminal Code to adult sentences), Part XXIII (sentencing) of the Criminal Code does not apply in respect of proceedings under this Act except for paragraph 718.2(e) (sentencing principle for aboriginal offenders), sections 722 (victim impact statements), 722.1 (copy of statement) and 722.2 (inquiry by court), subsection 730(2) (court process continues in force) and sections 748 (pardons and remissions), 748.1 (remission by the Governor in Council) and 749 (royal prerogative) of that Act, which provisions apply with any modifications that the circumstances require. Section 787 of Criminal Code does not apply (2) Section 787 (general penalty) of the Criminal Code does not apply in respect of proceedings under this Act.
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Review of order made under section 51 52 (1) A youth justice court may, on application, review an order made under section 51 at any time after the end of the period set out in subsection 119(2) (period of access to records) that applies to the record of the offence that resulted in the order being made. Grounds (2) In conducting a review under this section, the youth justice court shall take into account (a) the nature and circumstances of the offence in respect of which the order was made; and (b) the safety of the young person and of other persons. Decision of review (3) When a youth justice court conducts a review under this section, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard, (a) confirm the order; (b) revoke the order; or (c) vary the order as it considers appropriate in the circumstances of the case. New order not to be more onerous (4) No variation of an order made under paragraph (3)(c) may be more onerous than the order being reviewed. Application of provisions (5) Subsections 59(3) to (5) apply, with any modifications that the circumstances require, in respect of a review under this section.
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Funding for victims 53 (1) The lieutenant governor in council of a province may order that, in respect of any fine imposed in the province under paragraph 42(2)(d), a percentage of the fine as fixed by the lieutenant governor in council be used to provide such assistance to victims of offences as the lieutenant governor in council may direct from time to time. Victim fine surcharge (2) If the lieutenant governor in council of a province has not made an order under subsection (1), a youth justice court that imposes a fine on a young person under paragraph 42(2)(d) may, in addition to any other punishment imposed on the young person, order the young person to pay a victim fine surcharge in an amount not exceeding fifteen per cent of the fine. The surcharge shall be used to provide such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.
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Condition that must appear in orders 55 (1) The youth justice court shall prescribe, as a condition of an order made under paragraph 42(2)(k) or (l), that the young person appear before the youth justice court when required by the court to do so. Conditions that may appear in orders (2) A youth justice court may, in accordance with paragraph 38 (2)(e.1), prescribe as conditions of an order made under paragraph 42(2)(k) or (l) that a young person do one or more of the following: (a) report to and be supervised by the provincial director or a person designated by the youth justice court; (b) notify the clerk of the youth justice court, the provincial director or the youth worker assigned to the case of any change of address or any change in the young person’s place of employment, education or training; (c) remain within the territorial jurisdiction of one or more courts named in the order; (d) make reasonable efforts to obtain and maintain suitable employment; (e) attend school or any other place of learning, training or recreation that is appropriate, if the youth justice court is satisfied that a suitable program for the young person is available there; (f) reside with a parent, or any other adult that the youth justice court considers appropriate, who is willing to provide for the care and maintenance of the young person; (g) reside at a place that the provincial director may specify; (h) comply with any other conditions set out in the order that the youth justice court considers appropriate; and (i) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order. 2002, c. 1, s. 55 2019, c. 25, s. 374
Youth Criminal Justice Act — Y-1.5 56
Communication of order 56 (1) A youth justice court that makes an order under paragraph 42(2)(k) or (l) shall (a) cause the order to be read by or to the young person bound by it; (b) explain or cause to be explained to the young person the purpose and effect of the order, and confirm that the young person understands it; and (c) cause a copy of the order to be given to the young person, and to any parent of the young person who is in attendance at the sentencing hearing. Copy of order to parent (2) A youth justice court that makes an order under paragraph 42(2)(k) or (l) may cause a copy to be given to a parent of the young person who is not in attendance at the proceedings if the parent is, in the opinion of the court, taking an active interest in the proceedings. Endorsement of order by young person (3) After the order has been read and explained under subsection (1), the young person shall endorse on the order an acknowledgement that the young person has received a copy of the order and had its purpose and effect explained. Validity of order (4) The failure of a young person to endorse the order or of a parent to receive a copy of the order does not affect the validity of the order. Commencement of order (5) An order made under paragraph 42(2)(k) or (l) comes into force (a) on the date on which it is made; or (b) if a young person receives a sentence that includes a period of continuous custody and supervision, at the end of the period of supervision. Effect of order in case of custody (6) If a young person is subject to a sentence that includes both a period of continuous custody and supervision and an order made under paragraph 42(2)(k) or (l), and the court orders under subsection 42(12) a delay in the start of the period of custody, the court may divide the period that the order made under paragraph 42(2)(k) or (l) is in effect, with the first portion to have effect from the date on which it is made until the start of the period of custody, and the remainder to take effect at the end of the period of supervision. Notice to appear (7) A young person may be given notice either orally or in writing to appear before the youth justice court under paragraph 55(1)(b). Warrant in default of appearance (8) If service of a notice in writing is proved and the young person fails to attend court in accordance with the notice, a youth justice court may issue a warrant to compel the appearance of the young person.
Youth Criminal Justice Act — Y-1.5 57
Transfer of youth sentence 57 (1) When a youth sentence has been imposed under any of paragraphs 42(2)(d) to (i), (k), (l) or (s) in respect of a young person and the young person or a parent with whom the young person resides is or becomes a resident of a territorial division outside the jurisdiction of the youth justice court that imposed the youth sentence, whether in the same or in another province, a youth justice court judge in the territorial division in which the youth sentence was imposed may, on the application of the Attorney General or on the application of the young person or the young person’s parent, with the consent of the Attorney General, transfer to a youth justice court in another territorial division the youth sentence and any portion of the record of the case that is appropriate. All subsequent proceedings relating to the case shall then be carried out and enforced by that court. No transfer outside province before appeal completed (2) No youth sentence may be transferred from one province to another under this section until the time for an appeal against the youth sentence or the finding on which the youth sentence was based has expired or until all proceedings in respect of any such appeal have been completed. Transfer to a province when person is adult (3) When an application is made under subsection (1) to transfer the youth sentence of a young person to a province in which the young person is an adult, a youth justice court judge may, with the consent of the Attorney General, transfer the youth sentence and the record of the case to the youth justice court in the province to which the transfer is sought, and the youth justice court to which the case is transferred shall have full jurisdiction in respect of the youth sentence as if that court had imposed the youth sentence. The person shall be further dealt with in accordance with this Act.
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Interprovincial arrangements 58 (1) When a youth sentence has been imposed under any of paragraphs 42(2)(k) to (r) in respect of a young person, the youth sentence in one province may be dealt with in any other province in accordance with any agreement that may have been made between those provinces. Youth justice court retains jurisdiction (2) Subject to subsection (3), when a youth sentence imposed in respect of a young person is dealt with under this section in a province other than that in which the youth sentence was imposed, the youth justice court of the province in which the youth sentence was imposed retains, for all purposes of this Act, exclusive jurisdiction over the young person as if the youth sentence were dealt with within that province, and any warrant or process issued in respect of the young person may be executed or served in any place in Canada outside the province where the youth sentence was imposed as if it were executed or served in that province. Waiver of jurisdiction (3) When a youth sentence imposed in respect of a young person is dealt with under this section in a province other than the one in which the youth sentence was imposed, the youth justice court of the province in which the youth sentence was imposed may, with the consent in writing of the Attorney General of that province and the young person, waive its jurisdiction, for the purpose of any proceeding under this Act, to the youth justice court of the province in which the youth sentence is dealt with, in which case the youth justice court in the province in which the youth sentence is dealt with shall have full jurisdiction in respect of the youth sentence as if that court had imposed the youth sentence.
Youth Criminal Justice Act — Y-1.5 59
onths after the date the youth sentence would otherwise have expired. Exception — paragraph (2)(c) (10) In the case of a review of a youth sentence made on the ground set out in paragraph (2)(c), the youth justice court may, in accordance with paragraph 38 (2)(e.1), impose on the young person additional or more onerous conditions if it is of the opinion that the conditions (a) would better protect against the risk of harm to the safety of the public that the young person might otherwise present; or (b) would assist the young person to comply with any conditions previously imposed as part of that sentence. 2002, c. 1, s. 59 2019, c. 25, s. 375
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Provisions applicable to youth sentences on review 60 This Part and Part 5 (custody and supervision) apply with any modifications that the circumstances require to orders made in respect of reviews of youth sentences under sections 59 and 94 to 96.
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Application by Attorney General 64 (1) The Attorney General may, before evidence is called as to sentence or, if no evidence is called, before submissions are made as to sentence, make an application to the youth justice court for an order that a young person is liable to an adult sentence if the young person is or has been found guilty of an offence for which an adult is liable to imprisonment for a term of more than two years and that was committed after the young person attained the age of 14 years. (1.1) [Repealed, 2019, c. 25, s. 376] (1.2) [Repealed, 2019, c. 25, s. 376] Notice of intention to seek adult sentence (2) If the Attorney General intends to seek an adult sentence for an offence by making an application under subsection (1), the Attorney General shall, before the young person enters a plea or with leave of the youth justice court before the commencement of the trial, give notice to the young person and the youth justice court of the intention to seek an adult sentence. Included offences (3) A notice of intention to seek an adult sentence given in respect of an offence is notice in respect of any included offence of which the young person is found guilty for which an adult is liable to imprisonment for a term of more than two years. (4) and (5) [Repealed, 2012, c. 1, s. 176] 2002, c. 1, s. 64; 2012, c. 1, s. 176 2019, c. 25, s. 376
Youth Criminal Justice Act — Y-1.5
You have the option to elect to be tried by a youth justice court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
Youth Criminal Justice Act — Y-1.5
You have the option to elect to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth justice court without a jury and without a preliminary inquiry; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court without a jury; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court with a jury. If you elect to be tried by a judge without a jury or by a judge, acting as a youth justice court, with a jury or if you are deemed to have elected to be tried by a judge, acting as a youth justice court, with a jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
Youth Criminal Justice Act — Y-1.5 69
69 (1) [Repealed, 2012, c. 1, s. 180] Included offences (2) If the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence and the young person is found guilty of an included offence for which an adult is liable to imprisonment for a term of more than two years, committed after he or she has attained the age of 14 years, the Attorney General may make an application under subsection 64(1) (application for adult sentence). 2002, c. 1, s. 69; 2012, c. 1, s. 180