Youth Criminal Justice Act

Marginal note:Inquiry by court to young person

• 70 (1) The youth justice court, after hearing an application under subsection 42(9) (judicial determination of serious violent offence), if any is made, and before evidence is called or, where no evidence is called, before submissions are made as to sentence, shall inquire whether a young person wishes to make an application under subsection 63(1) (application for youth sentence) and if so, whether the Attorney General would oppose it, if

  • (a) the young person has been found guilty of a presumptive offence;

  • (b) the young person has not already made an application under subsection 63(1); and

  • (c) no order has been made under section 65 (young person not liable to adult sentence).

• Marginal note:No application by young person

  (2) If the young person indicates that he or she does not wish to make an application under subsection 63(1) (application for youth sentence) or fails to give an indication, the court shall order that an adult sentence be imposed.