Youth Criminal Justice Act

Marginal note:Placement when subject to adult sentence

• 76 (1) Subject to subsections (2) and (9) and sections 79 and 80 and despite anything else in this Act or any other Act of Parliament, when a young person who is subject to an adult sentence in respect of an offence is sentenced to a term of imprisonment for the offence, the youth justice court shall order that the young person serve any portion of the imprisonment in

  • (a) a youth custody facility separate and apart from any adult who is detained or held in custody;

  • (b) a provincial correctional facility for adults; or

  • (c) if the sentence is for two years or more, a penitentiary.

• Marginal note:When young person subject to adult penalties

  (2) The youth justice court that sentences a young person under subsection (1) shall, unless it is satisfied that to do so would not be in the best interests of the young person or would jeopardize the safety of others,

  • (a) if the young person is under the age of eighteen years at the time that he or she is sentenced, order that he or she be placed in a youth custody facility; and

  • (b) if the young person is eighteen years old or older at the time that he or she is sentenced, order that he or she not be placed in a youth custody facility and order that any portion of the sentence be served in a provincial correctional facility for adults or, if the sentence is two years or more, in a penitentiary.

• Marginal note:Opportunity to be heard

  (3) Before making an order under subsection (1), the youth justice court shall give the young person, a parent of the young person, the Attorney General, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard.

• Marginal note:Report necessary

  (4) Before making an order under subsection (1), the youth justice court shall require that a report be prepared for the purpose of assisting the court.

• 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.

• Marginal note:Review

  (6) On application, the youth justice court shall review the placement of a young person under this section and, if satisfied that the circumstances that resulted in the initial order have changed materially, and after having given the young person, a parent of the young person, the Attorney General, the provincial director and the representatives of the provincial and federal correctional systems an opportunity to be heard, the court may order that the young person be placed in

  • (a) a youth custody facility separate and apart from any adult who is detained or held in custody;

  • (b) a provincial correctional facility for adults; or

  • (c) if the sentence is for two years or more, a penitentiary.

• Marginal note:Who may make application

  (7) An application referred to in this section may be made by the young person, one of the young person’s parents, the provincial director, representatives of the provincial and federal correctional systems and the Attorney General, after the time for all appeals has expired.

• Marginal note:Notice

  (8) When an application referred to in this section is made, the applicant shall cause a notice of the application to be given to the other persons referred to in subsection (7).

• Marginal note:Limit — age twenty

  (9) No young person shall remain in a youth custody facility under this section after the young person attains the age of twenty years, unless the youth justice court that makes the order under subsection (1) or reviews the placement under subsection (6) is satisfied that remaining in the youth custody facility would be in the best interests of the young person and would not jeopardize the safety of others.