R.S., c. C-46Criminal Code (continued)
Transitional Provisions (continued)
Marginal note:Limitation period for summary offences
360 For any offence punishable on summary conviction committed before the coming into force of section 315, no proceedings shall be instituted more than six months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.
Marginal note:Section 83.3 of the Criminal Code
360.1 (1) If, in accordance with section 83.32 of the Criminal Code, section 83.3 of that Act does not have effect on the day on which section 24 comes into force, then that section 24 is deemed never to have come into force and is repealed.
(2) However, if, after the day referred to in subsection (1), Bill C-59, introduced in the 1st session of the 42nd Parliament and entitled the National Security Act, 2017, receives royal assent and, by operation of section 157.1 of that Act, section 83.3 of the Criminal Code becomes effective again, then, as of the day on which that section 157.1 comes into force, the portion of subsection 83.3(6) of the Criminal Code before paragraph (a) is replaced by the following:
Marginal note:When person to be taken before judge
(6) Unless a peace officer is satisfied that a person should be released from custody without conditions before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules:
2002, c. 1Youth Criminal Justice Act
Amendments to the Act
Marginal note:Certain offences — extrajudicial measures deemed adequate
4.1 (1) Extrajudicial measures are presumed to be adequate to hold a young person accountable for a failure or refusal referred to in section 137 and for a failure referred to in section 496 of the Criminal Code unless
Marginal note:Certain offences — various measures
(2) In the cases referred to in paragraphs (1)(a) and (b),
(a) extrajudicial measures should be used if they are adequate to hold the young person accountable for the failure or refusal; and
(b) if the use of extrajudicial measures would not be adequate under paragraph (a), but issuing an appearance notice under section 496 (judicial referral hearing) of the Criminal Code or making an application for review of the youth sentence referred to in section 59(1) as an alternative to proceeding by charge would be adequate, then the applicable alternative should be used.
362 Subsection 6(1) of the Act is replaced by the following:
Marginal note:Warnings, cautions and referrals
6 (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections 4 and 4.1, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person not to commit offences.
363 The Act is amended by adding the following after section 24:
Certain Offences — Review of Charges by Attorney General
Marginal note:Review required
24.1 If a charge for which an appearance notice, summons or release order was issued, or an undertaking was given, is dismissed, withdrawn or stayed, or the young person is acquitted of that charge, the Attorney General must review any charge pending against the young person under any of subsections 145(2) to (5) of the Criminal Code for failure to comply with the appearance notice, summons, release order or undertaking in order to determine whether the prosecution of the charge should proceed.
Marginal note:Arresting officer to advise young person of right to counsel
(2) Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer of the right to retain and instruct counsel, and be given an opportunity to obtain counsel.
(2) Paragraphs 25(9)(c) and (d) of the Act are replaced by the following:
(c) any undertaking entered into before a peace officer by the young person;
365 Subsections 26(1) and (2) of the Act are replaced by the following:
Marginal note:Notice in case of arrest and detained
26 (1) Subject to subsection (4), if a young person is arrested and detained in custody pending their appearance in court, a peace officer shall, as soon as possible after the young person is detained, give or cause to be given to a parent of the young person, orally or in writing, notice of the arrest stating the place of detention and the reason for the arrest.
Marginal note:Notice in other cases
(2) Subject to subsection (4), if a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or appearance notice, or, if a young person is released on an undertaking, a peace officer, shall, as soon as possible, give or cause to be given to a parent of the young person notice in writing of the summons, appearance notice or undertaking.
366 The heading before section 28 of the Act is replaced by the following:
Detention and Release
367 The Act is amended by adding the following after section 28:
Marginal note:Substitute for social measures prohibited
28.1 A peace officer, youth justice court judge or justice shall not detain a young person in custody, or impose a condition in respect of a young person’s release by including it in an undertaking or release order, as a substitute for appropriate child protection, mental health or other social measures.
368 Subsection 29(1) of the Act is replaced by the following:
Marginal note:Release order with conditions
(a) the condition is necessary to ensure the young person’s attendance in court or for the protection or safety of the public, including any victim of or witness to the offence;
(b) the condition is reasonable having regard to the circumstances of the offending behaviour; and
(c) the young person will reasonably be able to comply with the condition.
369 The Act is amended by adding the following after section 30:
Marginal note:Review of detention — 30-day period
30.1 For the purposes of section 525 of the Criminal Code with respect to a young person who has been charged with an offence for which they are being prosecuted in proceedings by way of summary conviction, every reference in that provision to “90 days” or “90-day” is to be read and construed as a reference to “30 days” or “30-day” respectively.
Marginal note:2012, c. 1, s. 171
Marginal note:Appeals heard together
(4) An order under subsection 72(1) or (1.1) (adult or youth sentence) or 76(1) (placement when subject to adult sentence) may be appealed as part of the sentence and, unless the court to which the appeal is taken otherwise orders, if more than one of these is appealed they must be part of the same appeal proceeding.
(2) Subsection 37(11) of the Act is replaced by the following:
Marginal note:No appeal from youth sentence on review
(11) No appeal lies from a youth sentence under section 59 — other than subsection 59(10) — or under any of sections 94 to 96.
- Date modified: