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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

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New Provisions Relating to Pre-Trial Detention

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  1. 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 New Provisions Relating to Pre-Trial Detention

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

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

  4. 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. S.19(1) Conference May Be Convened

  5. 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. S.19(2) Mandate of a Conference

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

  7. 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 person’s care. S.31(2) Inquiry as to Responsible Person

  8. 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 S.515(4)CC Conditions of Release

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

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

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

  12. 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. S.26(1) Notice to Parent

  13. 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. S.26(6) Time and Place of Appearance

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

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