|
|
(6) Subsection 20(3) of the Act is replaced
by the following:
|
|
| Duration of
dispositions
|
(3) No disposition made under this section,
other than an order made under paragraph
(1)(h), (j) , (k) or (k.1), shall continue in force
for more than two years.
|
|
|
|
(7) Subsection 20(4) of the Act is replaced
by the following:
|
|
| Duration of
dispositions
|
(4) Subject to subsection (4.1), where more
than one disposition is made under this section
in respect of a young person with respect to
different offences, the continuous combined
duration of those dispositions shall not exceed
seven years, except where one of those
offences is first degree or second degree
murder within the meaning of section 231 of
the Criminal Code, in which case the
continuous combined duration of those
dispositions shall not exceed fifteen years.
|
|
|
|
(8) The portion of paragraph 20(4.1)(c) of
the Act before subparagraph (i) is replaced
by the following:
|
|
|
|
(c) the combined duration of all the
dispositions may exceed fifteen years,
except where the offence is, or the previous
offence was,
|
|
| R.S., c. 24
(2nd Supp.),
s. 15
|
18. The Act is amended by adding the
following after section 21:
|
|
| Probation
following
closed
custody
|
21.1 A court imposing a sentence of closed
custody on a young person shall also order
that, on release, the young person shall be
placed on probation for a period of not less
than 6 months.
|
|
| R.S., c. 24
(2nd Supp.),
s. 17; 1995,
c. 19, s. 15
|
19. (1) Section 24 of the Act is amended by
adding the following after subsection (1):
|
|
| Violent
offenders
|
(1.01) Notwithstanding subsection (1),
every young person who has been convicted of
a violent offence shall be committed to secure
custody.
|
|
|
|
(2) Section 24 of the Act is amended by
adding the following after subsection (2):
|
|
| Secure
custody
|
(2.1) The court shall not commit a young
person to secure custody under paragraph
20(1)(k) unless
|
|
|
|
(a) he has been convicted of an offence in
ordinary court for which the Criminal Code
or any other Act of Parliament provides a
minimum punishment of a term of
imprisonment, or
|
|
|
|
(b) the court considers a committal to
secure custody necessary for the protection
of society.
|
|
| added, R.S.,
c. 24
(2nd Supp.),
s. 17; 1992,
c. 11, s. 4;
1995, c. 19,
s. 16
|
20. (1) Subsections 24.1(3) and (4) of the
Act are repealed.
|
|
|
|
(2) Subsection 24.5(1) of the Act is
replaced by the following:
|
|
| Transfer to
adult facility
|
(1) Where a young person is committed to
custody under paragraph 20(1)(k) or (k.1), the
youth court may, on application of the
provincial director made at any time after the
young person attains the age of sixteen years,
after affording the young person an
opportunity to be heard, authorize the
provincial director to direct that the young
person serve the disposition or the remaining
portion thereof in a provincial correctional
facility for adults, if the court considers it first
to be in the public interest and second, in the
best interests of the young person, but in that
event the provisions of this Act shall continue
to apply in respect of that person.
|
|
| R.S., c. 24
(2nd Supp.),
s. 21; 1992,
c. 11, s. 8;
1995, c. 19,
s. 22
|
21. (1) Subsections 28(1) and (2) of the Act
are replaced by the following:
|
|
| Review
|
(1) Where a young person is committed to
custody pursuant to a disposition made in
respect of an offence for a period exceeding
one year, the provincial director of the
province in which the young person is held in
custody shall cause the young person to be
brought before the youth court forthwith on
having served two thirds of the period of the
commitment ordered in the disposition, and
the youth court shall review the disposition.
|
|
| Review
|
(2) Where a young person is committed to
custody pursuant to dispositions made in
respect of more than one offence for a period
exceeding one year in total, the provincial
director of the province in which the young
person is held in custody shall cause the young
person to be brought before the youth court
forthwith on having served two thirds of the
period of the commitment ordered in the
earliest disposition made , and the youth court
shall review the disposition.
|
|
|
|
(2) Subsections 28(4), (6) and (12) of the
Act are repealed.
|
|
|
|
(3) Subsections 28(13) to (16) of the Act
are replaced by the following:
|
|
| Statement of
right to
counsel
|
(13) Any notice given to a parent under
subsection (11) shall include a statement that
the young person whose disposition is to be
reviewed has the right to be represented by
counsel.
|
|
| Service of
notice
|
(14) A notice under subsection (11) may be
served personally or may be sent by registered
mail.
|
|
| Waiver of
notice
|
(15) Any of the persons entitled to notice
under subsection (11) may waive the right to
such notice.
|
|
| Where notice
not given
|
(16) Where notice under subsection (11) is
not given in accordance with this section, the
youth court may
|
|
|
|
(a) adjourn the proceedings and order that
the notice be given in such manner and to
such person as it directs; or
|
|
|
|
(b) dispense with the notice where, in the
opinion of the court, having regard to the
circumstances, notice may be dispensed
with.
|
|
|
|
(4) The portion of subsection 28(17) of the
Act before paragraph (a) is replaced by the
following:
|
|
| Decision of
youth court
after review
|
(17) Where a youth court reviews under this
section a disposition made in respect of a
young person, it may, after affording the
young person, his parents, the Attorney
General or his agent and the provincial
director an opportunity to be heard, having
regard first to the interests of society and
second to the needs of the young person ,
|
|
| added, 1995,
c. 19, s. 23
|
22. Subsection 28.1(4) of the Act is
replaced by the following:
|
|
| Decision of
youth court
|
(4) Where the youth court conducts a
review under this section, it may, after
affording the young person, his parents and the
provincial director an opportunity to be heard,
confirm or alter the level of custody, having
regard first to the interests of society and
second to the needs of the young person .
|
|
| R.S., c. 24
(2nd Supp.),
s. 22; R.S.,
c. 1
(4th Supp.),
s. 40; 1992,
c. 11, s. 9;
1995, c. 19,
s. 24
|
23. (1) The portion of subsection 29(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
| Recommendat
ion of
provincial
director
|
(1) Where a young person is held in custody
pursuant to a disposition, the provincial
director may, if satisfied that firstly, the
interests of society and secondly, the needs of
the young person would be better served
thereby, cause notice in writing to be given to
the young person, his parents and the Attorney
General or his agent that he recommends that
the young person
|
|
|
|
(2) Subsection 29(3) of the Act is replaced
by the following:
|
|
| Application of
other
subsections
|
(3) Subject to subsection (4), subsections
28(5), (7) to (10) and (13) to (17) apply, with
such modifications as the circumstances
require, in respect of reviews made under this
section.
|
|
| R.S., c. 24
(2nd Supp.),
s. 26; R.S.,
c. 1
(4th Supp.),
s. 42; 1995,
c. 19, s. 25
|
24. (1) The portion of subsection 35(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
| Temporary
absence or
day release
|
35. (1) The provincial director of a province
may, subject to any terms or conditions he
considers desirable, and having first
considered the interests of society, authorize
a young person committed to custody in the
province pursuant to a disposition made under
this Act
|
|
|
|
(2) Section 35 of the Act is amended by
adding the following after subsection (5):
|
|
| Priority of
society
interests
|
(6) In giving an authorization under this
section, a provincial director must satisfy
himself that firstly, the interests of society and
secondly, the needs of the young person would
be better served thereby.
|
|
| R.S., c. 24
(2nd Supp.),
s. 29; 1995,
c. 19, s. 27,
c. 39, s. 184
|
25. Section 38 of the Act is amended by
adding the following after subsection (1);
|
|
| Violent
offences
|
(1.01) Subsection (1) does not apply in the
case of a young person who has been
convicted of a violent offence.
|
|
|
|
26. Sections 40 to 46 of the Act are
replaced by the following:
|
|
| Identification
of Criminals
Act applies
|
40. (1) The Identification of Criminals Act
applies in respect of young persons.
|
|
|
|
(2) For greater certainty, records of any
nature respecting young persons are to be
dealt with in the same manner as those of
adults.
|
|