Appendix: Youth Criminal Justice Act Provisions

AuthorGary T Trotter
Pages153-154
153
APPENDIX
Youth Criminal Justice Act
Provisions
PART 3: JUDICIAL MEASURES
Detention as socia l measure prohibited
29.(1)A youth justice court judge or a justice shall not detain a young person
in custody prior to being sentenced as a substitute for appropriate child protec-
tion, mental health or other social measures.
Justification for detention in cu stody
(2)A youth justice court judge or a justice may order that a young person
be detained in custody only if
(a)the young person has been charged with
(i)a serious oence, or
(ii)an oence other than a serious oence, if they have a history
that indicates a pattern of either outstanding charges or ndings
of guilt;
(b)the judge or justice is satised, on a balance of probabilities,
(i)that there is a substantial likelihood that, before being dealt
with according to law, the young person will not appear in court
when required by law to do so,
(ii)that detention is necessary for the protection or safety of the
public, including any victim of or witness to the oence, having
regard to all the circumstances, including a substantial likelihood
that the young person will, if released from custody, commit a
serious oence, or
(iii)in the case where the young person has been charged with a
serious oence and detention is not justied under subparagraph
(i) or (ii), that there are exceptional circumstances that warrant
detention and that detention is necessary to maintain condence
in the administration of justice, having regard to the principles

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