Marginal note:Orders are youth sentences
95 Orders under subsections 97(2) (conditions) and 98(3) (continuation of custody), paragraph 103(2)(b) (continuation of custody), subsections 104(1) (continuation of custody) and 105(1) (conditional supervision) and paragraph 109(2)(b) (continuation of suspension of conditional supervision) are deemed to be youth sentences for the purposes of section 94 (reviews).
Marginal note:Recommendation of provincial director for conditional supervision of young person
96 (1) When a young person is held in custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the provincial director may, if satisfied that the needs of the young person and the interests of society would be better served by doing so, make a recommendation to the youth justice court that the young person be released from custody and placed under conditional supervision.
(2) If the provincial director makes a recommendation, the provincial director shall cause a notice to be given in writing that includes the reasons for the recommendation and the conditions that the provincial director would recommend be set under section 105 to the young person, a parent of the young person and the Attorney General and give a copy of the notice to the youth justice court.
Marginal note:Application to court for review of recommendation
(3) If notice of a recommendation is made under subsection (2) with respect to a youth sentence imposed on a young person, the youth justice court shall, if an application for review is made by the young person, the young person’s parent or the Attorney General within ten days after service of the notice, review the youth sentence without delay.
Marginal note:Subsections 94(7), (9) to (12) and (14) to (19) apply
(4) Subject to subsection (5), subsections 94(7) (no review of appeal pending), (9) to (12) (progress reports) and (14) to (19) (provisions respecting notice and decision of the youth justice court) apply, with any modifications that the circumstances require, in respect of reviews made under this section and any notice required under subsection 94(14) shall also be given to the provincial director.
Marginal note:If no application for review made under subsection (3)
(5) A youth justice court that receives a notice under subsection (2) shall, if no application for a review is made under subsection (3),
(a) order the release of the young person and place the young person under conditional supervision in accordance with section 105, having regard to the recommendations of the provincial director; or
(b) if the court considers it advisable, order that the young person not be released.
For greater certainty, an order under this subsection may be made without a hearing.
Marginal note:Notice when no release ordered
(6) When a youth justice court orders that the young person not be released under paragraph (5)(b), it shall cause a notice of its order to be given to the provincial director without delay.
Marginal note:Provincial director may request review
(7) When the provincial director is given a notice under subsection (6), he or she may request a review under this section.
Marginal note:When provincial director requests a review
(8) When the provincial director requests a review under subsection (7),
(a) the provincial director shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General; and
(b) the youth justice court shall review the youth sentence without delay after the notice required under paragraph (a) is given.
Marginal note:Conditions to be included in custody and supervision order
97 (1) Every youth sentence imposed under paragraph 42(2)(n) shall contain the following conditions, namely, that the young person, while serving the portion of the youth sentence under supervision in the community,
(a) keep the peace and be of good behaviour;
(b) report to the provincial director and then be under the supervision of the provincial director;
(c) inform the provincial director immediately on being arrested or questioned by the police;
(d) report to the police, or any named individual, as instructed by the provincial director;
(e) advise the provincial director of the young person’s address of residence and report immediately to the provincial director any change
(i) in that address,
(ii) in the young person’s normal occupation, including employment, vocational or educational training and volunteer work,
(iii) in the young person’s family or financial situation, and
(iv) that may reasonably be expected to affect the young person’s ability to comply with the conditions of the sentence; and
(f) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized in writing by the provincial director for the purposes of the young person participating in a program specified in the authorization.
Marginal note:Other conditions
(2) The provincial director may set additional conditions that support and address the needs of the young person, promote the reintegration of the young person into the community and offer adequate protection to the public from the risk that the young person might otherwise present. The provincial director shall, in setting the conditions, take into account the needs of the young person, the most effective programs for the young person in order to maximize his or her chances for reintegration into the community, the nature of the offence and the ability of the young person to comply with the conditions.
Marginal note:Communication of conditions
(3) The provincial director shall
(a) cause the conditions to be read by or to the young person bound by them;
(b) explain or cause to be explained to the young person the purpose and effect of the conditions, and confirm that the young person understands them; and
(c) cause a copy of the conditions to be given to the young person, and to a parent of the young person.
Marginal note:Provisions to apply
(4) Subsections 56(3) (endorsement of order by young person) and (4) (validity of order) apply, with any modifications that the circumstances require, in respect of conditions under this section.
Marginal note:Application for continuation of custody
98 (1) Within a reasonable time before the expiry of the custodial portion of a young person’s youth sentence, the Attorney General or the provincial director may apply to the youth justice court for an order that the young person remain in custody for a period not exceeding the remainder of the youth sentence.
Marginal note:Continuation of custody
(2) If the hearing for an application under subsection (1) cannot be completed before the expiry of the custodial portion of the youth sentence, the court may order that the young person remain in custody pending the determination of the application if the court is satisfied that the application was made in a reasonable time, having regard to all the circumstances, and that there are compelling reasons for keeping the young person in custody.
(3) The youth justice court may, after giving both parties and a parent of the young person an opportunity to be heard, order that a young person remain in custody for a period not exceeding the remainder of the youth sentence, if it is satisfied that there are reasonable grounds to believe that
(a) the young person is likely to commit a serious violent offence before the expiry of the youth sentence he or she is then serving; and
(b) the conditions that would be imposed on the young person if he or she were to serve a portion of the youth sentence in the community would not be adequate to prevent the commission of the offence.
(4) For the purpose of determining an application under subsection (1), the youth justice court shall take into consideration any factor that is relevant to the case of the young person, including
(a) evidence of a pattern of persistent violent behaviour and, in particular,
(i) the number of offences committed by the young person that caused physical or psychological harm to any other person,
(ii) the young person’s difficulties in controlling violent impulses to the point of endangering the safety of any other person,
(iii) the use of weapons in the commission of any offence,
(iv) explicit threats of violence,
(v) behaviour of a brutal nature associated with the commission of any offence, and
(vi) a substantial degree of indifference on the part of the young person as to the reasonably foreseeable consequences, to other persons, of the young person’s behaviour;
(b) psychiatric or psychological evidence that a physical or mental illness or disorder of the young person is of such a nature that the young person is likely to commit, before the expiry of the youth sentence the young person is then serving, a serious violent offence;
(c) reliable information that satisfies the youth justice court that the young person is planning to commit, before the expiry of the youth sentence the young person is then serving, a serious violent offence;
(d) the availability of supervision programs in the community that would offer adequate protection to the public from the risk that the young person might otherwise present until the expiry of the youth sentence the young person is then serving;
(e) whether the young person is more likely to reoffend if he or she serves his or her youth sentence entirely in custody without the benefits of serving a portion of the youth sentence in the community under supervision; and
(f) evidence of a pattern of committing violent offences while he or she was serving a portion of a youth sentence in the community under supervision.
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