Youth Criminal Justice Act

Marginal note:Proceedings in case of default

• 135 (1) If an undertaking, release order or recognizance binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code, a youth justice court judge shall

  • (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.

• Marginal note:Order may be filed

  (4) An order made under subsection (2) may be filed with the clerk of the superior court or, in the province of Quebec, the prothonotary and, if an order is filed, the clerk or the prothonotary shall issue a writ of fieri facias in Form 34 set out in the Criminal Code and deliver it to the sheriff of each of the territorial divisions in which any of the principal and his or her sureties resides, carries on business or has property.

• 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

  (6) Subsections 770(2) (transmission to clerk of the court) and (4) (transmission of deposit) of the Criminal Code do not apply in respect of proceedings under this Act.

• Marginal note:Sections 772 and 773 of Criminal Code apply

  (7) Sections 772 (levy under writ) and 773 (committal when writ not satisfied) of the Criminal Code apply in respect of writs of fieri facias issued under this section as if they were issued under section 771 (proceedings in case of default) of that Act.