Table of Provisions / Sections and Headings from the Youth Criminal Justice Act

Preamble

SHORT TITLE

1. Short title

INTERPRETATION

2. Definitions

DECLARATION OF PRINCIPLE

3. Policy for Canada with respect to young persons

PART 1
EXTRAJUDICIAL MEASURES

Principles and Objectives

4. Declaration of principles
5. Objectives

Warnings, Cautions and Referrals

6. Warnings, cautions and referrals
7. Police cautions
8. Crown cautions
9. Evidence of measures is inadmissible

Extrajudicial Sanctions

10. Extrajudicial sanctions
11. Notice to parent
12. Victim's right to information

PART 2

ORGANIZATION OF YOUTH CRIMINAL JUSTICE SYSTEM

Youth Justice Court

13. Designation of youth justice court
14. Exclusive jurisdiction of youth justice court
15. Contempt against youth justice court
16. Status of offender uncertain
17. Youth justice court may make rules

Youth Justice Committees

18. Youth justice committees

Conferences

19. Conferences may be convened

Justices of the Peace

20. Certain proceedings may be taken before justices

Clerks of the Court

21. Powers of clerks

Provincial Directors

22. Powers, duties and functions of provincial directors

PART 3
JUDICIAL MEASURES

Consent to Prosecute

23. Pre-charge screening
24. Private prosecutions

Right to Counsel

25. Right to counsel

Notices to Parents

26. Notice in case of arrest or detention
27. Order requiring attendance of parent

Detention before Sentencing

28. Application of Part XVI of Criminal Code
29. Detention as social measure prohibited

30. Designated place of temporary detention
31. Placement of young person in care of responsible person

Appearance

32. Appearance before judge or justice

Release from or Detention in Custody

33. Application for release from or detention in custody

Medical and Psychological Reports

34. Medical or psychological assessment

Referral to Child Welfare Agency

35. Referral to child welfare agency

Adjudication

36. When young person pleads guilty

Appeals

37. Appeals

PART 4
SENTENCING

Purpose and Principles

38. Purpose
39. Committal to custody

Pre-sentence Report

40. Pre-sentence report

Youth Sentences

41. Recommendation of conference
42. Considerations as to youth sentence
43. Additional youth sentences
44. Custodial portion if additional youth sentence
45. Supervision when additional youth sentence extends the period in custody
46. Exception when youth sentence in respect of earlier offence
47. Committal to custody deemed continuous
48. Reasons for the sentence
49. Warrant of committal
50. Application of Part XXIII of Criminal Code
51. Mandatory prohibition order
52. Review of order made under section 51
53. Funding for victims
54. Where a fine or other payment is ordered
55. Conditions that must appear in orders
56. Communication of order
57. Transfer of youth sentence
58. Interprovincial arrangements
59. Review of youth sentences not involving custody
60. Provisions applicable to youth sentences on review

Adult Sentence and Election

61. Age for purpose of presumptive offences
62. Imposition of adult sentence
63. Application by young person
64. Application by Attorney General
65. Presumption does not apply
66. No election if youth sentence
67. Election - adult sentence
68. Proof of notice under subsection 64(4)
69. Paragraph (a) ``presumptive offence'' - included offences
70. Inquiry by court to young person
71. Hearing - adult sentences
72. Test - adult sentences
73. Court must impose adult sentence
74. Application of Parts XXIII and XXIV of Criminal Code
75. Inquiry by the court to the young person
76. Placement when subject to adult sentence
77. Obligation to inform - parole
78. Release entitlement
79. If person convicted under another Act
80. If person who is serving a sentence under another Act is sentenced to an adult sentence
81. Procedure for application or notice

Effect of Termination of Youth Sentence

82. Effect of absolute discharge or termination of youth sentence

PART 5
CUSTODY AND SUPERVISION

83. Purpose
84. Young person to be held apart from adults
85. Levels of custody
86. Procedural safeguards
87. Review
88. Functions to be exercised by youth justice court
89. Exception if young person is twenty years old or older
90. Youth worker
91. Reintegration leave
92. Transfer to adult facility
93. When young person reaches twenty years of age
94. Annual review
95. Orders are youth sentences
96. Recommendation of provincial director for conditional supervision of young person
97. Conditions to be included in custody and supervision order
98. Application for continuation of custody
99. Report
100. Reasons
101. Review of youth justice court decision
102. Breach of conditions
103. Review by youth justice court
104. Continuation of custody
105. Conditional supervision
106. Suspension of conditional supervision
107. Apprehension
108. Review by provincial director
109. Review by youth justice court

PART 6
PUBLICATION, RECORDS AND INFORMATION

Protection of Privacy of Young Persons

110. Identity of offender not to be published
111. Identity of victim or witness not to be published
112. Non-application

Fingerprints and Photographs

113. Identification of Criminals Act applies

Records That May Be Kept

114. Youth justice court, review board and other courts
115. Police records
116. Government records

Access to Records

117. Exception - adult sentence
118. No access unless authorized
119. Persons having access to records
120. Access to R.C.M.P. records
121. Deemed election
122. Disclosure of information and copies of record
123. Where records may be made available
124. Access to record by young person

Disclosure of Information in a Record

125. Disclosure by peace officer during investigation
126. Records in the custody, etc., of archivists
127. Disclosure with court order

Disposition or Destruction of Records and Prohibition on Use and Disclosure

128. Effect of end of access periods
129. No subsequent disclosure

PART 7
GENERAL PROVISIONS

Disqualification of Judge

130. Disqualification of judge

Substitution of Judge

131. Powers of substitute youth justice court judge

Exclusion from Hearing

132. Exclusion from hearing

Transfer of Charges

133. Transfer of charges

Forfeiture of Recognizances

134. Applications for forfeiture of recognizances

135. Proceedings in case of default

Offences and Punishment

136. Inducing a young person, etc.
137. Failure to comply with sentence or disposition
138. Offences
139. Offence and punishment

Application of Criminal Code

140. Application of Criminal Code
141. Sections of Criminal Code applicable
142. Part XXVII and summary conviction trial provisions of Criminal Code to apply

Procedure

143. Counts charged in information
144. Issue of subpoena
145. Warrant

Evidence

146. General law on admissibility of statements to apply
147. Statements not admissible against young person
148. Testimony of a parent
149. Admissions
150. Material evidence
151. Evidence of a child or young person
152. Proof of service
153. Seal not required

Forms, Regulations and Rules of Court

154. Forms
155. Regulations

Agreements with Provinces

156. Agreements with provinces

Programs

157. Community-based programs

PART 8
TRANSITIONAL PROVISIONS

158. Prohibition on proceedings
159. Proceedings commenced under Young Offenders Act
160. Offences committed before this section in force
161. Applicable sentence
162. Proceedings commence with information
163. Application to delinquency and other offending behaviour
164. Agreements continue in force
165. Designation of youth justice court

PART 9

CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE

Consequential Amendments

166. Canada Evidence Act
167-170. Contraventions Act
171-174. Corrections and Conditional Release Act
175-186. Criminal Code
187-189. DNA Identification Act
190-194. Extradition Act
195. Mutual Legal Assistance in Criminal Matters Act
196-197. Prisons and Reformatories Act
198. Transfer of Offenders Act

Repeal

199. Repeal of R.S., c. Y-1

Coming into Force

200. Coming into force

SCHEDULE