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Tom Rees | Criminal Defence Lawyer Winnipeg
21
Jan

What is Deferred Custody Under the Youth Criminal Justice Act?

People between 12 and 17 are subject to the Youth Criminal Justice Act (YCJA). One of the options for a Youth Court Judge under section 42 of the YCJA is a deferred custody and supervision order. A deferred custody order is like house arrest for youth.

Section 42(p):

  • (p) subject to subsection (5), make a deferred custody and supervision order that is for a specified period not exceeding six months, subject to the conditions set out in subsection 105(2), and to any conditions set out in subsection 105(3) that the court considers appropriate;

 

Section 105(2):

  • :Conditions to be included in order

    (2) The youth justice court shall include in the order under subsection (1) the following conditions, namely, that the young person

    • (a) keep the peace and be of good behaviour;

    • (b) appear before the youth justice court when required by the court to do so;

    • (c) report to the provincial director immediately on release, and then be under the supervision of the provincial director or a person designated by the youth justice court;

    • (d) inform the provincial director immediately on being arrested or questioned by the police;

    • (e) report to the police, or any named individual, as instructed by the provincial director;

    • (f) advise the provincial director of the young person’s address of residence on release and after release report immediately to the clerk of the youth justice court or the provincial director any change

      • (i) in that address,

      • (ii) in the young person’s normal occupation, including employment, vocational or educational training and volunteer work,

      • (iii) in the young person’s family or financial situation, and

      • (iv) that may reasonably be expected to affect the young person’s ability to comply with the conditions of the order;

    • (g) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order; and

    • (h) comply with any reasonable instructions that the provincial director considers necessary in respect of any condition of the conditional supervision in order to prevent a breach of that condition or to protect society.

  • Other conditions

    (3) In setting conditions for the purposes of subsection (1), the youth justice court may include in the order the following conditions, namely, that the young person

    • (a) on release, travel directly to the young person’s place of residence, or to any other place that is noted in the order;

    • (b) make reasonable efforts to obtain and maintain suitable employment;

    • (c) attend school or any other place of learning, training or recreation that is appropriate, if the court is satisfied that a suitable program is available for the young person at such a place;

    • (d) reside with a parent, or any other adult that the court considers appropriate, who is willing to provide for the care and maintenance of the young person;

    • (e) reside in any place that the provincial director may specify;

    • (f) remain within the territorial jurisdiction of one or more courts named in the order;

    • (g) comply with conditions set out in the order that support and address the needs of the young person and promote the reintegration of the young person into the community; and

    • (h) comply with any other conditions set out in the order that the court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences.

 

Deferred Custody Orders are a maximum of 6 months. Young people who are subject to deferred custody orders must follow their conditions without fail. If a young person breaches their Deferred Custody Order, they could spend the remainder of their sentence in custody. When a young person breaches, the sentence goes on hold until the warrant for their arrest is executed. In cases where the young person runs away, their sentence goes on hold until they are found.

Once the court finds a breach of a deferred custody order, the remainder of the sentence is converted into a custody and supervision order, and the young person spends the first two thirds in custody, and the last third of the remainder in the community.

 

Section 109:

Review by youth justice court
  •  (1) If the case of a young person is referred to the youth justice court under section 108, the provincial director shall, without delay, cause the young person to be brought before the youth justice court, and the youth justice court shall, after giving the young person an opportunity to be heard,

    • (a) if the court is not satisfied on reasonable grounds that the young person has breached or was about to breach a condition of the conditional supervision, cancel the suspension of the conditional supervision; or

    • (b) if the court is satisfied on reasonable grounds that the young person has breached or was about to breach a condition of the conditional supervision, review the decision of the provincial director to suspend the conditional supervision and make an order under subsection (2).

  • Marginal note:Order

    (2) On completion of a review under subsection (1), the youth justice court shall order

    • (a) the cancellation of the suspension of the conditional supervision, and when the court does so, the court may vary the conditions of the conditional supervision or impose new conditions;

    • (b) in a case other than a deferred custody and supervision order made under paragraph 42(2)(p), the continuation of the suspension of the conditional supervision for any period of time, not to exceed the remainder of the youth sentence the young person is then serving, that the court considers appropriate, and when the court does so, the court shall order that the young person remain in custody; or

    • (c) in the case of a deferred custody and supervision order made under paragraph 42(2)(p), that the young person serve the remainder of the order as if it were a custody and supervision order under paragraph 42(2)(n).

 

The only question is whether the court finds that there are reasonable grounds to believe that the young person breached their conditions.

 

Click here to see the Youth Criminal Justice Act

 

*Note: This page is general information only. It is not legal advice.