Marginal note:No subsequent disclosure
129. No person who is given access to a record or to whom information is disclosed under this Act shall disclose that information to any other person unless the disclosure is authorized under this Act.
PART 7GENERAL PROVISIONS
Disqualification of Judge
Marginal note:Disqualification of judge
130. (1) Subject to subsection (2), a youth justice court judge who, prior to an adjudication in respect of a young person charged with an offence, examines a pre-sentence report made in respect of the young person in connection with that offence or has, after a guilty plea or a finding of guilt, heard submissions as to sentence and then there has been a change of plea, shall not in any capacity conduct or continue the trial of the young person for the offence and shall transfer the case to another judge to be dealt with according to law.
(2) A youth justice court judge may, in the circumstances referred to in subsection (1), with the consent of the young person and the prosecutor, conduct or continue the trial of the young person if the judge is satisfied that he or she has not been predisposed by a guilty plea or finding of guilt, or by information contained in the pre-sentence report or submissions as to sentence.
Substitution of Judge
Marginal note:Powers of substitute youth justice court judge
(a) if an adjudication has been made, proceed to sentence the young person or make the order that, in the circumstances, is authorized by law; or
(b) if no adjudication has been made, recommence the trial as if no evidence had been taken.
Marginal note:Transcript of evidence already given
(2) A youth justice court judge who recommences a trial under paragraph (1)(b) may, if the parties consent, admit into evidence a transcript of any evidence already given in the case.
Exclusion from Hearing
Marginal note:Exclusion from hearing
132. (1) Subject to subsection (2), a court or justice before whom proceedings are carried out under this Act may exclude any person from all or part of the proceedings if the court or justice considers that the person’s presence is unnecessary to the conduct of the proceedings and the court or justice is of the opinion that
(a) any evidence or information presented to the court or justice would be seriously injurious or seriously prejudicial to
(i) the young person who is being dealt with in the proceedings,
(ii) a child or young person who is a witness in the proceedings, or
(iii) a child or young person who is aggrieved by or the victim of the offence charged in the proceedings; or
(b) it would be in the interest of public morals, the maintenance of order or the proper administration of justice to exclude any or all members of the public from the court room.
(2) Subject to section 650 (accused to be present) of the Criminal Code and except if it is necessary for the purposes of subsection 34(9) (nondisclosure of medical or psychological report) of this Act, a court or justice may not, under subsection (1), exclude from proceedings under this Act
(a) the prosecutor;
(b) the young person who is being dealt with in the proceedings, the counsel or a parent of the young person or any adult assisting the young person under subsection 25(7);
(c) the provincial director or his or her agent; or
(d) the youth worker to whom the young person’s case has been assigned.
Marginal note:Exclusion after adjudication or during review
(3) A youth justice court, after it has found a young person guilty of an offence, or a youth justice court or a review board, during a review, may, in its discretion, exclude from the court or from a hearing of the review board any person other than the following, when it is being presented with information the knowledge of which might, in its opinion, be seriously injurious or seriously prejudicial to the young person:
(a) the young person or his or her counsel;
(b) the provincial director or his or her agent;
(c) the youth worker to whom the young person’s case has been assigned; and
(d) the Attorney General.
(4) The exception set out in paragraph (3)(a) is subject to subsection 34(9) (nondisclosure of medical or psychological report) of this Act and section 650 (accused to be present) of the Criminal Code.
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