Copies of
pre-sentence
report
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(5) If a pre-sentence report made in respect
of a young person is submitted to a youth
justice court in writing, the court
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Cross-examin
ation
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(6) If a pre-sentence report made in respect
of a young person is submitted to a youth
justice court, the young person, his or her
counsel or the adult assisting the young person
under subsection 25(7) and the prosecutor
shall, subject to subsection (7), on application
to the court, be given the opportunity to
cross-examine the person who made the
report.
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Report may
be withheld
from private
prosecutor
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(7) If a pre-sentence report made in respect
of a young person is submitted to a youth
justice court, the court may, when the
prosecutor is a private prosecutor and
disclosure of all or part of the report to the
prosecutor might, in the opinion of the court,
be prejudicial to the young person and is not,
in the opinion of the court, necessary for the
prosecution of the case against the young
person,
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Report
disclosed to
other persons
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(8) If a pre-sentence report made in respect
of a young person is submitted to a youth
justice court, the court
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Disclosure by
the provincial
director
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(9) A provincial director who submits a
pre-sentence report made in respect of a young
person to a youth justice court may make all
or part of the report available to any person in
whose custody or under whose supervision the
young person is placed or to any other person
who is directly assisting in the care or
treatment of the young person.
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Inadmissibi- lity of statements
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(10) No statement made by a young person
in the course of the preparation of a
pre-sentence report in respect of the young
person is admissible in evidence against any
young person in civil or criminal proceedings
except those under section 41, 59 or 71 or any
of sections 93 to 95.
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Youth Sentences |
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Recommen- dation of conference
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40. When a youth justice court finds a
young person guilty of an offence, the court
may refer the matter to a conference for
recommendations to the court on an
appropriate youth sentence.
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Considera- tions as to youth sentence
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41. (1) A youth justice court shall, before
imposing a youth sentence, consider any
recommendations submitted under section 40,
any pre-sentence report, any representations
made by the parties to the proceedings or their
counsel or agents and by the parents of the
young person, and any other relevant
information before the court.
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Youth
sentence
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(2) When a youth justice court finds a young
person guilty of an offence and is imposing a
youth sentence, the court shall, subject to this
section, impose any one of the following
sanctions or any number of them that are not
inconsistent with each other and, if the offence
is first degree murder or second degree murder
within the meaning of section 231 of the
Criminal Code, the court shall impose a
sanction set out in paragraph (p) or
subparagraph (q)(ii) or (iii) and may impose
any other of the sanctions set out in this
subsection that the court considers
appropriate:
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Agreement of
provincial
director
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(3) A youth justice court may make an order
under paragraph (2)(l) or (m) only with the
agreement of the provincial director.
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Youth justice
court
statement
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(4) When the youth justice court makes a
custody and supervision order with respect to
a young person under paragraph (2)(n), the
court shall state the following with respect to
that order:
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Deferred
custody and
supervision
order
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(5) The court may make a deferred custody
and supervision order under paragraph (2)(o)
if
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Termination
of order
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(6) If a young person complies with the
conditions of a deferred custody and
supervision order made under paragraph
(2)(o), or any conditions as amended by
section 56, for the entire period that the order
is in force, the order is terminated.
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Intensive
rehabilitative
custody and
supervision
order
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(7) A youth justice court may make an
intensive rehabilitative custody and
supervision order under paragraph (2)(q) in
respect of a young person only if
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Determi- nation by court
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(8) On application of the Attorney General
after a young person is found guilty of an
offence, and after giving both parties an
opportunity to be heard, the youth justice
court may make a judicial determination that
the offence is a serious violent offence and
endorse the information accordingly.
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Appeals
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(9) For the purposes of an appeal in
accordance with section 36, a determination
under subsection (8) is part of the sentence.
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Inconsistency
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(10) An order may not be made under
paragraphs (2)(k) to (m) in respect of an
offence for which a conditional discharge has
been granted under paragraph (2)(c).
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Coming into
force of youth
sentence
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(11) A youth sentence or any part of it
comes into force on the date on which it is
imposed or on any later date that the youth
justice court specifies.
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Duration of
youth
sentence for a
single offence
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(12) No youth sentence, other than an order
made under paragraph (2)(j), (n), (p) or (q),
shall continue in force for more than two years
and, if the youth sentence comprises more
than one sanction imposed at the same time in
respect of the same offence, the combined
duration of the sanctions, except in respect of
an order made under paragraph (2)(j), (n), (p)
or (q), shall not exceed two years.
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Duration of
youth
sentence for
different
offences
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(13) Subject to subsection (14), if more than
one youth sentence is imposed under this
section in respect of a young person with
respect to different offences, the continuous
combined duration of those youth sentences
shall not exceed three years, except if one of
the offences is first degree murder or second
degree murder within the meaning of section
231 of the Criminal Code, in which case the
continuous combined duration of those youth
sentences shall not exceed ten years in the case
of first degree murder, or seven years in the
case of second degree murder.
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Duration of
youth
sentences
made at
different times
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(14) If a youth sentence is imposed in
respect of an offence committed by a young
person after the commencement of, but before
the completion of, any youth sentences
imposed on the young person,
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Consecutive
youth
sentences
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(15) A youth justice court that sentences a
young person may direct that terms of custody
imposed on the young person be served
consecutively if the young person
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Sentence
continues
when adult
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(16) Subject to sections 88, 91 and 92 of this
Act and section 743.5 of the Criminal Code, a
youth sentence imposed on a young person
continues in effect in accordance with its
terms after the young person becomes an
adult.
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