New Provisions Relating to Pre-Trial Detention

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New Provisions Relating to Pre-Trial Detention

• S.19(2) use of conferences to assist in the
  determination of judicial interim release
• S.29(1) prohibition on the use of detention as a
  substitute for child welfare, mental health, or
  other social measures
• S.29(2) presumption against the use of detention
  if the young person could not be sentenced to
  custody if found guilty
• S.31(2) requirement that the judge enquire about
  the possible availability of a responsible
  person to provide an alternative to detaining
  the young person
• S.34(1) use of medical, psychological, or
  psychiatric reports to assist in an application
  for a review of a detention or release order

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S.29(1) Limitations on the Use of Pre-Trial
Detention

• S.29(1) A youth justice court judge or justice
  shall not detain a young person in custody prior
  to being sentenced as a substitute for
  appropriate child protection, mental health, or
  other social measures.

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S.39(1) Limitations on the Use of Custody for
Sentencing

• S.39(1) A youth justice court shall not sentence
  a young person to custody unless
• (a) the young person has committed a violent
  offence
• (b) the young person has failed to comply with
  non-custodial sentences
• (c) the young person has committed an indictable
  offence for which an adult would face two years
  imprisonment or more or
• (d) in exceptional cases, where the aggravating
  circumstances of the offence are such that the
  imposition of a non-custodial sentence would be
  inconsistent with the purpose and principles set
  out in S.38.

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S.19(1) Conference May Be Convened

• S.19(1) A youth justice court judge, the
  provincial director, a police officer, a justice
  of the peace, a prosecutor or a youth worker, may
  convene a conference for the purpose of making a
  decision required under this Act.

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S.19(2) Mandate of a Conference

• S.19(2) The mandate of a conference may be to
  give advice on
• appropriate extrajudicial measures
• conditions for judicial interim release
• sentences, and
• reintegration plans.

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S.31(1) Criteria for Release to a Responsible
Person

• S.31(1) A young person who has been arrested may
  be placed in the care of a responsible person if
  a youth justice court or a justice is satisfied
  that
• the young person would, but for this subsection,
  be detained in custody under S.515CC
• the person is willing and able to take care of
  and exercise control over the young person and
• the young person is willing to be placed in the
  care of that person.

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S.31(2) Inquiry as to Responsible Person

• S.31(2) If a young person would, in the absence
  of a responsible person, be detained in custody,
  the youth justice court or the justice shall
  inquire as to the availability of a responsible
  person and whether the young person is willing to
  be placed in that persons care.

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S.515(4)CC Conditions of Release

• report at specified times to a specified person
• remain within a specified territorial
  jurisdiction
• abstain from communicating with specified persons
• abstain from attending specified places
• comply with other reasonable conditions specified
  in the order

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Requirements for Conditions of Release

• Conditions must be
• reasonable
• not unnecessarily intrusive
• directly related to one of the grounds for
  detention
• likely to be complied with by the youth

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S.30(4) Transfer of Young Person Over 18

• S.30(4) When a young person is detained prior to
  trial, the youth justice court may, on
  application of the provincial director made any
  time after the young person turns 18, and after
  giving the young person an opportunity to be
  heard, authorize the provincial director to
  direct that the young person be temporarily
  detained in a provincial correctional facility
  for adults, if the court considers it to be in
  the best interests of the young person or in the
  public interest.

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S.30(5) Detention of Young Person Over 20

• S.30(5) When a young person is twenty or older
  at the time his temporary detention begins, the
  young person shall be temporarily detained in a
  provincial correctional facility for adults.

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S.26(1) Notice to Parent

• S.26(1) if a young person is arrested an
  detained in custody pending his appearance in
  court, the officer in charge shall, as soon as
  possible, 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.

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S.26(6) Time and Place of Appearance

• S.26(6) Any notice under this section shall
  include
• the name of the young person,
• the charge against the young person and the time
  and place of appearance,
• a statement that the young person has a right to
  be represented by counsel.

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S.34(2)(a) Purpose of Report

• S.34(2) A youth justice court may make an order
  that the young person be assessed by a qualified
  person who is required to report the results in
  writing to the court, for the purpose of
• (a) considering an application for release from
  or detention in custody.