Youth Criminal Justice Act

Marginal note:Applicable sentence

• 161 (1) A person referred to in section 159 who is found guilty of an offence or delinquency, other than a person convicted of an offence in ordinary court, as defined in subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, shall be sentenced under this Act, except that

  • (a) paragraph 110(2)(b) does not apply in respect of the offence or delinquency; and

  • (b) paragraph 42(2)(r) applies in respect of the offence or delinquency only if the young person consents to its application.

  The provisions of this Act applicable to sentences imposed under section 42 apply in respect of the sentence.

• Marginal note:Dispositions under paragraph 20(1)(k) or (k.1) of Young Offenders Act

  (2) Where a young person is to be sentenced under this Act while subject to a disposition under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, on the application of the Attorney General or the young person, a youth justice court shall, unless to do so would bring the administration of justice into disrepute, order that the remaining portion of the disposition made under that Act be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under paragraph 42(2)(n) or (q) of this Act, as the case may be.

• Marginal note:Review of sentence

  (3) For greater certainty, for the purpose of determining when the sentence is reviewed under section 94, the relevant date is the one on which the disposition came into force under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.