S.25(10) Cost Recovery Program

1. S.25(10) Nothing in this Act prevents the lieutenant governor in counsel or her delegate from establishing a program to authorize the recovery of the costs of the young person’s counsel from the young person or the parents of the young person. The costs may be recovered only after the proceedings are completed and the time allowed for the taking of an appeal has expired, or, if an appeal is taken, all proceedings in respect of the appeal have been completed. S.25(10) Cost Recovery Program December 2002

2. S.25(11) Subsections (4) to (9) do not apply to a person who is alleged to have committed an offence while a young person, if he has reached twenty years of age at the time of his first appearance before a youth justice court in relation to the offence; however, this does not restrict any rights that a person has under the law applicable to adults. S.25(11) Provisions not Applicable to Person Over Twenty December 2002

3. S.32(3) When a young person is not represented by counsel, the youth justice court, before accepting a plea, shall (b) if the young person is liable to an adult sentence, explain to the young person what consequences of being liable to an adult sentence and the procedure by which the young person may apply for an order that a youth sentence be imposed; and (c) explain that the young person may plead guilty or not guilty to the charge, and, if the young person is entitled to make an election as to mode of trial, explain the choices in the election. S.32(3) Young Person not Represented by Counsel December 2002

4. S.3(1)(d) special considerations apply in respect of proceedings against young persons, and, in particular (iv) parents should be informed of measures or proceedings involving their children and encouraged to support them in addressing their behaviour S.3(1)(d)(iv) December 2002

5. S. 26 does not apply to a person who is alleged to have committed an offence while a young person, but who is 20 or older at the time of his first appearance. S.26(12) – Provisions Not to Apply When First Appearance After Age 20 December 2002

6. S.11 When a young person is dealt with by an extrajudicial sanction, the parent of the young person shall be informed. S.11 Notice to Parent When Extrajudicial Sanction Used December 2002

7. S.2(1) “presumptive offence” means (a) an offence committed by a young person after turning 14, that is murder, attempted murder, manslaughter, or aggravated sexual assault S.2(1) Presumptive “a” Offences December 2002

8. S.2(1) “presumptive offence” means (b) an offence committed by a young person after turning 14, that is a serious violent offence for which an adult would face two years imprisonment or more, if at the time of the commission of the offence there have been two previous judicial determinations made under S.42(9) that the young person has committed a serious violent offence. S.2(1) Presumptive “b” Offences December 2002

9. S.32(1) A young person against whom an indictment or information is laid must first appear before a youth justice court or a justice, and the judge or justice shall (d)if the young person is charged with a presumptive “a” offence, inform the young person of the consequences of being charged with a presumptive “a” offence, that on a finding of guilt an adult sentence will be imposed unless the court orders otherwise. S.32(1)(d) Notice by the Court Prior to Plea December 2002

10. S.32(3) When a young person is not represented by counsel, the youth justice court, before accepting a plea, shall (b) if the young person is liable to an adult sentence, explain to the youth the consequences of being liable to an adult sentence and the procedure by which the young person may apply for an order that a youth sentence be imposed; S.32(3)(b) – Duty of the Court When Young Person Not Represented by Counsel December 2002

11. S.2(1) “presumptive offence” means (b) an offence committed by a young person after turning 14, that is a serious violent offence for which an adult would face two years imprisonment or more, if at the time of the commission of the offence there have been two previous judicial determinations made under S.42(9) that the young person has committed a serious violent offence. S.2(1) Presumptive “b” Offences December 2002

12. S.64(2) provides that if the Crown intends to seek an adult sentence by establishing that an offence is a presumptive (b) offence, the Crown shall, before the young person enters a plea, give notice to the young person and the youth justice court of the Crown’s intention to seek an adult sentence S.64(2) Notice of Intention to Seek Adult Sentence December 2002

13. S.64(4) When the Crown intends to establish that the offence is a serious violent offence and a presumptive “b” offence for which the young person is liable to an adult sentence, the Crown shall, before the youth enters a plea, give notice of intention to the young person. S.64(4) – Notice of Intention to Establish Presumptive “b” Offence December 2002

14. S.32(1) A young person against whom an information or indictment is laid must first appear before a youth justice court judge or a justice, and the judge or justice shall (c) if notified of an intention to seek adult sentence pursuant to S.64(2) the court shall inform the young person that the youth justice court may, if the young person is found guilty, order that an adult sentence be imposed; S.32(1)(c) Notice by the Court Prior to Plea December 2002

15. S.32(3) provides that when a young person is not represented by counsel, the court, before accepting a plea, shall (b) if the young person is liable to an adult sentence, explain to the young person the consequences of being liable to an adult sentence and the procedure by which the young person may apply for an order that a youth sentence be imposed; S.32(3)(b) Duty of the Court When Young Person Not Represented by Counsel December 2002

16. S.64(1) The Attorney General may, before sentencing, make an application for an order that a young person is liable to an adult sentence if the young person has been found guilty of an offence, other than a presumptive offence, for which an adult would be liable to imprisonment for more than two years, committed after the young person attained the age of 14 years. S.64(1) Application for Adult Sentence for Non-presumptive Offence December 2002

17. S.64(2) if the Attorney General intends to seek an adult sentence by making an application under S.64(1), or by establishing the offence as a presumptive “b” offence, the Attorney General shall, before the young person enters a plea, give notice to the young person and to the court of the intention to seek an adult sentence. S.64(2) Notice of Intention to Seek Adult Sentence December 2002

18. S.64(5) If the young person gives notice to the court that he does not oppose the application for an adult sentence,the youth justice court shall order that if the young person is found guilty of an offence for which an adult is liable to imprisonment for a term or more than two years, an adult sentence must be imposed. S.64(5) Young Person Not Opposed to Adult Sentence December 2002

19. S.69(1) when a young person is charged with a presumptive (a) offence and found guilty of a lesser offence that is not a presumptive (a) offence, (a) the Attorney General may make an application for an adult sentence under S.64(1) without giving notice under S.64(2) S.69(1) Included Offences December 2002

20. S.76(8) When an application to review placement is made under this section, the applicant shall cause a notice of the application to be given to the young person, parent, provincial director, correctional authorities, Attorney General. S.76(8) Notice of Application to Review Placement December 2002

21. S.77(1) When a young person is ordered to serve a portion of an adult sentence in a youth facility, the provincial director shall inform the appropriate parole board. S.77(1) Obligation to Inform Parole Board December 2002