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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)(p)
if
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Application of
sections 106
to 109
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(6) Sections 106 to 109 (suspension of
conditional supervision) apply to a breach of
a deferred custody and supervision order
made under paragraph (2)(p) as if the breach
were a breach of an order for conditional
supervision made under subsection 105(1)
and, for the purposes of sections 106 to 109,
supervision under a deferred custody and
supervision order is deemed to be conditional
supervision.
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Intensive
rehabilitative
custody and
supervision
order
|
(7) A youth justice court may make an
intensive rehabilitative custody and
supervision order under paragraph (2)(r) in
respect of a young person only if
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Safeguard of
rights
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(8) Nothing in this section abrogates or
derogates from the rights of a young person
regarding consent to physical or mental health
treatment or care.
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Determination
by court
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(9) 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 or indictment
accordingly.
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Appeals
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(10) For the purposes of an appeal in
accordance with section 37, a determination
under subsection (9) is part of the sentence.
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Inconsistency
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(11) 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
|
(12) 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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Consecutive
youth
sentences
|
(13) Subject to subsections (15) and (16), a
youth justice court that sentences a young
person may direct that a sentence imposed on
the young person under paragraph (2)(n), (o),
(q) or (r) be served consecutively if the young
person
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Duration of
youth
sentence for a
single offence
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(14) No youth sentence, other than an order
made under paragraph (2)(j), (n), (o), (q) or
(r), shall continue in force for more than two
years. 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 shall not exceed two
years, unless the sentence includes a sanction
under paragraph (2)(j), (n), (o), (q) or (r) that
exceeds two years.
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Duration of
youth
sentence for
different
offences
|
(15) Subject to subsection (16), 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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(16) 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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Sentence
continues
when adult
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(17) Subject to sections 89, 92 and 93
(provisions related to placement in adult
facilities) of this Act and section 743.5
(transfer of jurisdiction) 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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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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Warrant of
committal
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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.
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Custody
during
transfer
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(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.
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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).
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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.
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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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Mandatory
prohibition
order
|
51. (1) Despite section 42 (youth
sentences), when a young person is found
guilty of an offence referred to in any of
paragraphs 109(1)(a) to (d) of the Criminal
Code, the youth justice court shall, in addition
to imposing a sentence under section 42
(youth sentences), make an order prohibiting
the young person from possessing any
firearm, cross-bow, prohibited weapon,
restricted weapon, prohibited device,
ammunition, prohibited ammunition or
explosive substance during the period
specified in the order as determined in
accordance with subsection (2).
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Duration of
prohibition
order
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(2) An order made under subsection (1)
begins on the day on which the order is made
and ends not earlier than two years after the
young person has completed the custodial
portion of the sentence or, if the young person
is not subject to custody, after the time the
young person is found guilty of the offence.
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Discretionary
prohibition
order
|
(3) Despite section 42 (youth sentences),
where a young person is found guilty of an
offence referred to in paragraph 110(1)(a) or
(b) of the Criminal Code, the youth justice
court shall, in addition to imposing a sentence
under section 42 (youth sentences), consider
whether it is desirable, in the interests of the
safety of the young person or of any other
person, to make an order prohibiting the
young person from possessing any firearm,
cross-bow, prohibited weapon, restricted
weapon, prohibited device, ammunition,
prohibited ammunition or explosive
substance, or all such things, and where the
court decides that it is so desirable, the court
shall so order.
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Duration of
prohibition
order
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(4) An order made under subsection (3)
against a young person begins on the day on
which the order is made and ends not later than
two years after the young person has
completed the custodial portion of the
sentence or, if the young person is not subject
to custody, after the time the young person is
found guilty of the offence.
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Reasons for
the
prohibition
order
|
(5) When a youth justice court makes an
order under this section, it shall state its
reasons for making the order in the record of
the case and shall give or cause to be given a
copy of the order and, on request, a transcript
or copy of the reasons to the young person
against whom the order was made, the counsel
and a parent of the young person and the
provincial director.
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Reasons
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(6) When the youth justice court does not
make an order under subsection (3), or when
the youth justice court does make such an
order but does not prohibit the possession of
everything referred to in that subsection, the
youth justice court shall include in the record
a statement of the youth justice court's
reasons.
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Application of
Criminal
Code
|
(7) Sections 113 to 117 (firearm prohibition
orders) of the Criminal Code apply in respect
of any order made under this section.
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Report
|
(8) Before making an order referred to in
section 113 (lifting firearms order) of the
Criminal Code in respect of a young person,
the youth justice court may require the
provincial director to cause to be prepared,
and to submit to the youth justice court, a
report on the young person.
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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.
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Grounds
|
(2) In conducting a review under this
section, the youth justice court shall take into
account
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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,
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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.
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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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