Youth Criminal Justice Act

Marginal note:Test — adult sentences

• 72 (1) In making its decision on an application heard in accordance with section 71, the youth justice court shall consider the seriousness and circumstances of the offence, and the age, maturity, character, background and previous record of the young person and any other factors that the court considers relevant, and

  • (a) if it is of the opinion that a youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would have sufficient length to hold the young person accountable for his or her offending behaviour, it shall order that the young person is not liable to an adult sentence and that a youth sentence must be imposed; and

  • (b) if it is of the opinion that a youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not have sufficient length to hold the young person accountable for his or her offending behaviour, it shall order that an adult sentence be imposed.

• Marginal note:Onus

  (2) The onus of satisfying the youth justice court as to the matters referred to in subsection (1) is with the applicant.

• Marginal note:Pre-sentence reports

  (3) In making its decision, the youth justice court shall consider a pre-sentence report.

• Marginal note:Court to state reasons

  (4) When the youth justice court makes an order under this section, it shall state the reasons for its decision.

• Marginal note:Appeals

  (5) For the purposes of an appeal in accordance with section 37, an order under subsection (1) is part of the sentence.