2002, c. 1Youth Criminal Justice Act (continued)
Amendments to the Act (continued)
371 Subsection 38(2) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(e.1) if this Act provides that a youth justice court may impose conditions as part of the sentence, a condition may be imposed only if
(i) the imposition of the condition is necessary to achieve the purpose set out in subsection 38(1),
(ii) the young person will reasonably be able to comply with the condition, and
(iii) the condition is not used as a substitute for appropriate child protection, mental health or other social measures; and
372 Paragraph 39(1)(b) of the Act is replaced by the following:
(b) the young person has previously been found guilty of an offence under section 137 in relation to more than one sentence and, if the court is imposing a sentence for an offence under subsections 145(2) to (5) of the Criminal Code or section 137, the young person caused harm, or a risk of harm, to the safety of the public in committing that offence;
(c) by order direct that the young person be discharged on any conditions imposed by the court in accordance with paragraph 38(2)(e.1) and may require the young person to report to and be supervised by the provincial director;
(2) Paragraph 42(2)(s) of the Act is replaced by the following:
(s) impose on the young person, in accordance with paragraph 38(2)(e.1), any other conditions that the court considers appropriate.
Marginal note:Condition that must appear in orders
55 (1) The youth justice court shall prescribe, as a condition of an order made under paragraph 42(2)(k) or (l), that the young person appear before the youth justice court when required by the court to do so.
(2) The portion of subsection 55(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Conditions that may appear in orders
(2) A youth justice court may, in accordance with paragraph 38(2)(e.1), prescribe as conditions of an order made under paragraph 42(2)(k) or (l) that a young person do one or more of the following:
(3) Paragraph 55(2)(h) of the Act is replaced by the following:
(h) comply with any other conditions set out in the order that the youth justice court considers appropriate; and
Marginal note:Review of youth sentences not involving custody
59 (1) When a youth justice court has imposed a youth sentence in respect of a young person, other than a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the youth justice court shall, on the application of the young person, the young person’s parent, the Attorney General or the provincial director, review the youth sentence if the court is satisfied that there are grounds for a review under subsection (2).
(2) Subsection 59(8) of the Act is replaced by the following:
Marginal note:New youth sentence not to be more onerous
(8) Subject to subsections (9) and (10), when a youth sentence imposed in respect of a young person is reviewed under this section, no youth sentence imposed under subsection (7) shall, without the consent of the young person, be more onerous than the remainder of the youth sentence reviewed.
(3) Section 59 of the Act is amended by adding the following after subsection (9):
Marginal note:Exception — paragraph (2)(c)
(10) In the case of a review of a youth sentence made on the ground set out in paragraph (2)(c), the youth justice court may, in accordance with paragraph 38(2)(e.1), impose on the young person additional or more onerous conditions if it is of the opinion that the conditions
Marginal note:2012, c. 1, s. 176(1)
376 Subsections 64(1.1) and (1.2) of the Act are repealed.
Marginal note:2012, c. 1, s. 185
377 Section 75 of the Act is repealed.
378 Subsection 76(4) of the Act is replaced by the following:
(4) Before making an order under subsection (1), the youth justice court may require that a report be prepared for the purpose of assisting the court.
Marginal note:2012, c. 1, s. 189
379 Subsection 110(2) of the Act is amended by adding “or” at the end of paragraph (a) and by repealing paragraph (b).
380 Section 134 of the Act is replaced by the following:
Marginal note:Applications for forfeiture
134 Applications for the forfeiture of amounts set out in undertakings, release orders or recognizances binding young persons shall be made to the youth justice court.
Marginal note:Proceedings in case of default
(a) on the request of the Attorney General, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and
(b) after fixing a time and place for the hearing, cause to be sent by confirmed delivery service, not less than 10 days before the time so fixed, to each principal and surety named in the undertaking, release order or recognizance, directed to their latest known address, a notice requiring them to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.
Marginal note:Order for forfeiture
(2) When subsection (1) is complied with, the youth justice court judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.
Marginal note:Judgment debtors of the Crown
(3) If, under subsection (2), a youth justice court judge orders the forfeiture of the amount, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.
(2) Subsections 135(5) and (6) of the Act are replaced by the following:
Marginal note:If a deposit has been made
(5) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it.
Marginal note:Subsections 770(2) and (4) of Criminal Code do not apply
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