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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to November 2, 1999]
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Contents |
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Section |
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1 In this Act:
"adult" means a person who is 18 years of age or older;
"disposition" means a disposition made under section 7 and includes an order made on a review under section 14;
"federal offence" means an offence as defined by the Young Offenders Act (Canada);
"offence" means the contravention of an enactment;
"parent" includes, in respect of a young person, a person who
(a) is under a legal duty to support, maintain or care for the young person, or
(b) has, in law or fact, the custody or control of the young person;
"provincial director" means the provincial director for British Columbia as defined by section 1 of the Young Offenders Act (Canada);
"ticket information" includes a ticket under the Litter Act, a traffic ticket under the Motor Vehicle Act, and a ticket under the Offence Act;
"young person" means a person who is 12 to 17 years of age;
"youth worker" means a probation officer appointed under the Correction Act.
2 Despite any other enactment,
(a) proceedings must not be commenced against a person for, and
(b) a person must not be found guilty of,
an offence which the person was alleged to have committed when the person was less than 12 years of age.
Part 1 – Offences by Young Persons
3 (1) If a young person is alleged to have committed an offence, proceedings may be commenced against the young person as provided in an enactment, and, except as otherwise provided for in this Act, the proceedings must be conducted in accordance with that enactment.
(2) Subsection (1) applies even if the young person becomes an adult
(a) before or after proceedings have been commenced, or
(b) during the period of time when the young person is subject to a disposition.
4 (1) If proceedings are commenced respecting an offence alleged to have been committed by a young person, sections 10, 38, 39 and 57 to 60 of the Young Offenders Act (Canada), and any other provisions of that Act prescribed by the Lieutenant Governor in Council, apply to those proceedings, and sections 57 (2), 68 (a), 79, 88 and 112 of the Offence Act do not apply to those proceedings.
(2) If this Act provides that an Act or an Act of Canada applies, it applies with the necessary changes and so far as applicable.
(3) If there is an inconsistency or conflict between this Act and another enactment or an Act of Canada, this Act prevails.
5 (1) If a young person charged with an offence is required by court process to appear in court, the person who issued the process must, as soon as possible, give to the young person's parents if they are available written notice of the charge against the young person and the time and place of the young person's court appearance.
(2) Subsection (1) does not apply where the court process is a traffic violation report under the Motor Vehicle Act or a ticket information.
(3) Failure to give the notice required in subsection (1) does not affect the validity of the proceedings against the young person.
6 (1) A court that finds a young person guilty of an offence
(a) may, if it considers it necessary, and
(b) must, before making a custody order under section 7 (2) (e),
require a youth worker to give a pre-disposition report.
(2) A pre-disposition report must be given orally unless the court orders otherwise.
(3) A youth worker who obtains information in order to prepare a pre-disposition report is not a competent or compellable witness for purposes of disclosing that information in proceedings before a court except for purposes of a disposition, review of a disposition or appeal of a disposition respecting the specific offence.
7 (1) If a court finds a young person guilty of an offence, the court must make one or more of the dispositions described under subsection (2) or (3) and no other.
(2) The court may make one or more of the following dispositions:
(a) if
(i) the offence is not one for which a minimum penalty is required to be imposed on an adult convicted of that offence, and
(ii) the court considers it to be in the best interest of the young person and not contrary to the public interest,
direct that the young person be given
(iii) an absolute discharge, or
(iv) a conditional discharge and placed on probation under paragraph (d);
(b) subject to section 9, impose on the young person a fine of not more than $1 000 to be paid within a specified period of not longer than 2 years and on terms the court directs;
(c) subject to section 10, order the young person to perform community services to a maximum of 240 hours within a specified period of not longer than one year and on terms the court directs;
(d) subject to section 11, order the young person to be placed on probation for a specified period of not longer than 6 months;
(e) subject to section 12, if the offence is
(i) under the Motor Vehicle Act and is one for which a minimum period of imprisonment is required to be imposed on an adult convicted of that offence, or
(ii) under section 16 (1),
commit the young person to custody for a specified period of not more than 30 days;
(f) subject to subsection (4) and section 13, if the offence is under the Motor Vehicle Act, prohibit the young person from driving a motor vehicle for a specified period.
(3) Subject to section 13, if the young person is convicted of an offence under section 100 of the Motor Vehicle Act, the court must make a disposition prohibiting the young person from driving a motor vehicle for a period of 3 years.
(4) If a young person is convicted of an offence under section 83 of the Motor Vehicle Act, the court must not prohibit the person from driving a motor vehicle under subsection (2) (f).
(5) The court must not make a disposition that results in punishment being imposed on a young person that is greater than the maximum punishment that could be imposed on an adult convicted of the same offence.
(6) Section 736 of the Criminal Code applies to an absolute or conditional discharge order made under this Act.
8 (1) Subject to subsection (2), a disposition is effective on the date on which it is imposed.
(2) If a young person in respect of whom an order under section 7 (2) (c) or (d) is made is already committed, under the Young Offenders Act (Canada) or this Act, to custody to be served continuously, the order is effective on the date the period of custody expires.
9 (1) The court may, on an application made without notice to anyone, extend the time for payment of a fine imposed under section 7 (2) (b), and, in that event, the maximum period specified in section 7 (2) (b) does not apply.
(2) The Lieutenant Governor in Council may establish a fine-option program under which a young person against whom a fine is imposed may discharge all or part of the fine by earning credit for work performed under that program.
10 The court must not require a young person to perform community services under section 7 (2) (c) unless the court considers that
(a) the young person is a suitable person to perform the community services, and
(b) the terms of the disposition do not interfere with the normal hours of work or education of the young person.
11 (1) In a probation order under section 7 (2) (d) the court
(a) must require the young person
(i) to keep the peace and be of good behavior,
(ii) to appear before the court when required by the court to do so, and
(iii) to notify, in advance, the court or a youth worker assigned to the young person's case of a change in the young person's address or change in the young person's place of employment, education or training,
(b) may require the young person
(i) to report to and be under the supervision of a youth worker or other person designated by the court,
(ii) to remain within the jurisdiction of the court,
(iii) to make reasonable efforts to find and maintain suitable employment,
(iv) to attend a school or other place of education, training or recreation with the prior consent of the officials of the school or place,
(v) to reside with a parent or with an adult whom the court considers appropriate and who is willing to provide for the care and maintenance of the young person,
(vi) to reside in a place the provincial director specifies, or
(vii) to make restitution to any person aggrieved or injured for the actual loss or damage caused by the commission of the offence, and
(c) may impose reasonable terms that the court considers desirable for securing the good conduct of the young person or for preventing the commission of other offences by the young person.
(2) If a young person is required by a probation order to appear before the court, the court must give a notice to appear, or require that a notice of appearance be given, to the young person.
(3) If a young person does not appear at the time and place named in a notice under subsection (2), the court may issue a warrant to compel the young person's appearance.
12 (1) Unless the court orders otherwise, a young person who is committed to custody under section 7 (2) (e) is committed to custody to be served continuously.
(2) The court must not commit a young person to custody to be served intermittently unless the court is first advised by a youth worker that there is a place available for the young person to serve the disposition.
(3) A young person committed to custody under section 7 (2) (e) must be held in a youth custody centre designated under section 27 of the Correction Act.
(4) If the court commits a young person to custody under section 7 (2) (e), the court must issue or require the issue of a warrant of committal.
(5) A young person in custody under a court order must be held separate and apart from an adult who, as an adult, is charged with or convicted of an offence or a federal offence.
13 If the court makes an order prohibiting a young person from driving a motor vehicle under section 7 (2) (f) or (3), the court must order that the prohibition
(a) continue for the full day of each day of the prohibition, and
(b) continue for consecutive days.
14 (1) On the application of a young person, the young person's parent or the Attorney General made
(a) at any time after 3 months after the date of a disposition, or
(b) with leave of the court, before the 3 months referred to in paragraph (a),
the court may review the disposition if it considers it to be appropriate in the circumstances.
(2) If the application under subsection (1) is for the review of a prohibition made under section 7 (2) (f) or (3) against driving a motor vehicle, the court must review the disposition only if the terms of the disposition are adversely affecting the young person's opportunities to obtain counselling or medical services, education or employment.
(3) Unless otherwise ordered by the court, an applicant who requests a review under subsection (1) must give 7 days' written notice of the application to the young person, the young person's parents if they are available, the Attorney General and the provincial director.
(4) Before reviewing a disposition, the court may require a youth worker to make a progress report on the performance of the young person for the period since the disposition was made.
(5) The court may issue a summons or warrant to compel a young person to appear before the court for purposes of the review.
(6) After affording the young person, the young person's parents and the Attorney General an opportunity to be heard on a review, the court may confirm, rescind or vary the disposition or make a new disposition.
(7) If the court varies a disposition or makes a new disposition under subsection (6),
(a) the court must not make an order which is more onerous than that of the disposition under review, and
(b) sections 7 (2), (4) and (5), 12 and 13 apply.
(8) If a disposition or the conviction leading to a disposition is under appeal, the court must not review the disposition until the appeal has been disposed of.
15 (1) If
(a) a disposition has been made in respect of a young person, and
(b) the young person or a parent with whom the young person resides is or becomes a resident of a reciprocating province,
on the application of the Attorney General, the young person or the parent, the court may transfer the disposition to the Attorney General in the reciprocating province.
(2) No disposition may be transferred to a reciprocating province under this section until
(a) the time for an appeal against
(i) the disposition, or
(ii) the finding on which the disposition was based
has expired,
(b) all proceedings in respect of an appeal, if taken, have been completed, or
(c) the appeal has been abandoned.
(3) If
(a) a disposition has been made in respect of a young person by a court in a reciprocating province, and
(b) a certified copy of the disposition has been transmitted by the proper officer of the reciprocating province to the Attorney General,
the Attorney General must send the certified copy of the disposition for registration to the Provincial Court.
(4) A disposition registered under subsection (3) has the same effect as, and subject to this Act all proceedings may be taken on it as if it had been, a disposition originally obtained in the Provincial Court, and the court has the power to enforce, review and vary the order accordingly.
(5) The Attorney General may, by order, declare a province to be a reciprocating province for purposes of this section.
16 (1) A young person who fails or refuses to comply with a disposition or any term or condition of it, other than a disposition referred to in subsection (2), commits an offence.
(2) A young person who drives a motor vehicle on a highway or industrial road while the young person is prohibited by a disposition from driving commits an offence under section 94 of the Motor Vehicle Act.
(3) Section 5 of the Offence Act does not apply to this Act.
17 The appeal provisions of the Offence Act apply to this Act and, for purposes of section 102 of that Act, "sentence" includes disposition.
18 Information respecting the age of the person alleged to have committed an offence recorded anywhere on the form on which a traffic violation report or a ticket information is printed is proof of the age of the person unless the person proves otherwise.
19 (1) If
(a) proceedings are commenced against a person who is alleged to have been a young person at the time the offence was committed, and
(b) it is determined, at any time before a disposition is made in the matter, that the person against whom the charge was brought was not a young person at the time of the alleged offence,
the proceedings must be
(c) dismissed if the person is determined to have been less than 12 years of age at the relevant time, or
(d) continued if the person is determined to have been an adult at the relevant time except that this Act no longer applies to the proceedings.
(2) Proceedings continued under subsection (1) (d) are valid even though the matter had been dealt with under this Act before the person's age was determined.
(3) If
(a) proceedings are commenced against a person who was not alleged to have been a young person at the time the offence was committed, and
(b) it is determined, at any time before a sentence is rendered, that the person against whom the charge was brought was a young person at the time of the alleged offence,
the proceedings must be continued except that they must be continued under this Act.
(4) Proceedings continued under subsection (3) are valid even if the matter had not been dealt with as provided under this Act before the person's age was determined.
20 Despite the Document Disposal Act, records created or maintained under this Act in respect of an offence committed by a young person may be destroyed after the expiration of
(a) a disposition made in respect of that specific offence, or
(b) if the Lieutenant Governor in Council prescribes another period of time, that prescribed period.
21 (1) Subject to subsections (2) and (3), a notice required to be given under section 5 (1), 11 (2) or 14 (3) may be given by registered mail.
(2) A notice required to be given to the Attorney General must be given
(a) as provided in section 8 of the Crown Proceeding Act, or
(b) by delivering it to the Crown prosecutor whose office is located nearest to the place where the disposition was made.
(3) A notice required to be given to the provincial director may be given by delivering it to
(a) the youth worker whose office is located nearest to the place where the disposition was made, or
(b) the person in charge of the youth custody centre where the young person is held in custody.
22 (1) If forms are not prescribed under section 23 (2), the forms set out in the Offence Act, the Young Offenders Act (Canada) and in Part XXVIII of the Criminal Code may be used with modifications that the circumstances require.
(2) Prescribed forms or forms used under subsection (1) that are varied to suit specific circumstances are valid in the circumstances for which they are provided.
23 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations prescribing forms.
Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada