Marginal note:Exception for young persons

29. Sections 24 to 28 do not apply in respect of a person who, at the time the request mentioned in subsection 24(1) is presented, is a young person within the meaning of the Youth Criminal Justice Act.

• Marginal note:Transfer or committal to prison

  (7.1) When a prisoner is transferred from a youth custody facility to a prison under section 89, 92 or 93 of the Youth Criminal Justice Act or as the result of the application of section 743.5 of the Criminal Code, the prisoner is credited with full remission under this section for the portion of the sentence that the offender served in the youth custody facility as if that portion of the sentence had been served in a prison.

• Marginal note:Exceptional date of release

  (7.2) When a prisoner who was sentenced to custody under paragraph 42(2)(o), (q) or (r) of the Youth Criminal Justice Act is transferred from a youth custody facility to a prison under section 92 or 93 of that Act, or is committed to imprisonment in a prison under section 89 of that Act, the prisoner is entitled to be released on the earlier of

  • (a) the date on which the prisoner is entitled to be released from imprisonment in accordance with subsection (5) of this section, and

  • (b) the date on which the custody portion of his or her youth sentence under paragraph 42(2)(o), (q) or (r) of the Youth Criminal Justice Act expires.

• Marginal note:Effect of release

  (7.3) When a prisoner is committed or transferred in accordance with section 89, 92 or 93 of the Youth Criminal Justice Act and, in accordance with subsection (7.1) or (7.2) of this section, is entitled to be released,

  • (a) if the sentence was imposed under paragraph 42(2)(n) of that Act, sections 97 to 103 of that Act apply, with any modifications that the circumstances require, with respect to the remainder of his or her sentence; and

  • (b) if the sentence was imposed under paragraph 42(2)(o), (q) or (r) of that Act, sections 104 to 109 of that Act apply, with any modifications that the circumstances require, with respect to the remainder of his or her sentence.

• (b) was, at the time of the commission of the offence of which he or she was convicted, a young person within the meaning of the Youth Criminal Justice Act,

an official designated for the purpose by the lieutenant governor in council of the province where the offender is detained may transfer the offender to a youth custody facility within the meaning of subsection 2(1) of the Youth Criminal Justice Act, but no person so transferred shall be detained by reason only of the sentence imposed by the foreign court beyond the date on which that sentence would terminate.