Criminal Law Amendment Act, 2001 (S.C. 2002, c. 13)

Assented to 2002-06-04

R.S., c. Y-1YOUNG OFFENDERS ACT

Marginal note:1995, c. 19, s. 12(2)

 Subsection 19(5.1) of the Young Offenders Act is replaced by the following:

  • Marginal note:Preliminary inquiry

    (5.1) Where a young person elects or is deemed to have elected to be tried by a judge of a superior court of criminal jurisdiction with a jury, the youth court shall, on the request of the young person or the prosecutor made at that time or within the period fixed by rules of court made under section 67 or 68 or, if there are no such rules, by the youth court judge, conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the superior court of criminal jurisdiction with a jury.

Marginal note:1999, c. 3, s. 88
  •  (1) Paragraph 19.1(4)(a) of the Act is replaced by the following:

    • (a) to be tried by a judge of the Nunavut Court of Justice, acting as a youth court, with a jury, or

  • Marginal note:1999, c. 3, s. 88

    (2) Subsection 19.1(6) of the Act is replaced by the following:

    • Marginal note:Preliminary inquiry — Nunavut

      (6) If a young person elects or is deemed to have elected under paragraph (4)(b), the youth court shall, on the request of the young person or the prosecutor made at that time or within the period fixed by rules of court made under section 67 or 68 or, if there are no such rules, by the youth court judge, conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the Nunavut Court of Justice, acting as a youth court, with a jury.

COORDINATING AMENDMENTS

Marginal note:Bill C-7
  •  (1) If Bill C-7, introduced in the 1st session of the 37th Parliament and entitled the Youth Criminal Justice Act (the “other Act”), receives royal assent, then

    • (a) paragraph 32(3)(c) of the other Act is replaced by the following:

      • (c) explain that the young person may plead guilty or not guilty to the charge or, if subsection 67(1) (election of court for trial — adult sentence) or (3) (election of court for trial in Nunavut — adult sentence) applies, explain that the young person may elect to be tried by a youth justice court judge without a jury and without having a preliminary inquiry, or to have a preliminary inquiry and be tried by a judge without a jury, or to have a preliminary inquiry and be tried by a court composed of a judge and jury and, in either of the latter two cases, a preliminary inquiry will only be conducted if requested by the young person or the prosecutor.

    • (b) subsection 67(2) of the other Act is replaced by the following:

      • Marginal note:Wording of election

        (2) The youth justice court shall put the young person to his or her election in the following words:

        You have the option to elect to be tried by a youth justice court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

    • (c) subsection 67(4) of the other Act is replaced by the following:

      • Marginal note:Wording of election

        (4) The youth justice court shall put the young person to his or her election in the following words:

        You have the option to elect to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth justice court without a jury and without a preliminary inquiry; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court without a jury; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court with a jury. If you elect to be tried by a judge without a jury or by a judge, acting as a youth justice court, with a jury or if you are deemed to have elected to be tried by a judge, acting as a youth justice court, with a jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

    • (d) paragraph 67(5)(b) of the other Act is replaced by the following:

      • (b) if the judge declines to do so, shall hold a preliminary inquiry, if requested to do so by one of the parties, unless a preliminary inquiry has been held prior to the election, re-election or deemed election.

    • (e) subsection 67(7) of the other Act is replaced by the following:

      • Marginal note:Preliminary inquiry

        (7) When a young person elects to be tried by a judge without a jury, or elects or is deemed to have elected to be tried by a court composed of a judge and jury, the youth justice court referred to in subsection 13(1) shall, on the request of the young person or the prosecutor made at that time or within the period fixed by rules of court made under section 17 or 155 or, if there are no such rules, by the youth justice court judge, conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be conducted

        • (a) before a judge without a jury or a court composed of a judge and jury, as the case may be; or

        • (b) in Nunavut, before a judge of the Nunavut Court of Justice acting as a youth justice court, with or without a jury, as the case may be.

      • Marginal note:Preliminary inquiry if two or more accused

        (7.1) If two or more young persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (7), a preliminary inquiry must be held with respect to all of them.

      • Marginal note:When no request for preliminary inquiry

        (7.2) If no request for a preliminary inquiry is made under subsection (7), the youth justice court shall fix the date for the trial or the date on which the young person must appear in the trial court to have the date fixed.

  • Marginal note:Coming into force

    (2) Subsection (1) comes into force

    • (a) in the case of paragraph (a), on the later of the coming into force of section 25 of this Act and section 32 of the other Act; and

    • (b) in the case of paragraphs (b) to (e), on the later of the coming into force of section 25 of this Act and section 67 of the other Act.

Marginal note:Bill C-7

 If Bill C-7, introduced in the 1st session of the 37th Parliament and entitled the Youth Criminal Justice Act (the “other Act”), receives royal assent, then the heading before section 89 and sections 89 and 90 of this Act are repealed if section 199 of the other Act comes into force before sections 89 and 90 of this Act come into force.

COMING INTO FORCE

Marginal note:Coming into force

 The provisions of this Act, other than sections 91 and 92, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

 
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