Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

“Point in Time” Act Content

YOUTH JUSTICE ACT

[SBC 2003] CHAPTER 85

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1April 18, 2005
 March 18, 2013
7March 30, 2023
10November 2, 2017
15March 18, 2013
21May 10, 2016
23November 2, 2017
25April 18, 2005
26April 18, 2005
27April 18, 2005
29May 29, 2014
30March 30, 2023
31March 30, 2023
Division 1.1, sections 32.1 to 32.5April 18, 2005
32.2March 30, 2023
32.3March 30, 2023
34March 30, 2023
35April 18, 2005
 March 30, 2023
38July 21, 2007
 July 21, 2007
38.1 to 38.2July 21, 2007
42March 30, 2023
44April 18, 2005
 April 18, 2005
 April 18, 2005
 April 18, 2005
45May 10, 2016

  Section 1 definitions "authorized person" and "young person communication" were added by 2004-46-36, effective April 18, 2005 (BC Reg 137/2005).

  Section 1 (1) definition of "parent" (part) BEFORE amended by 2011-25-479, effective March 18, 2013 (BC Reg 131/2012).

"parent" means a person who, in respect of a young person,

  Section 7 (2) BEFORE amended by 2023-10-1195, effective March 30, 2023 (Royal Assent).

(2) Despite subsection (1) (b), the court may, with the consent of the prosecutor and the young person or his or her counsel, dispense with a pre-sentence report if the court is satisfied that the report is not necessary.

  Section 10 (1) (a) (i) BEFORE amended by 2017-10-58, effective November 2, 2017 (Royal Assent).

(i) keep the peace and be of good behavior, and

  Section 15 (1), (4) (b), and (8) BEFORE amended by 2011-25-480, effective March 18, 2013 (BC Reg 131/2012).

(1)  On the application of a young person, of the young person's parent or of the Attorney General, the court may review the young person's sentence if the court considers such a review to be appropriate in the circumstances.

(4)  Unless otherwise ordered by the court, an applicant who requests a review under subsection (1) must give at least 5 days' written notice of the application to

(a) the young person,

(b) the young person's parents, if they are available,

(8)  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 sentence or make a new sentence.

  Section 21 (part) BEFORE amended by 2015-27-57, effective May 10, 2016 (BC Reg 109/2016).

Destruction of documents

21   Despite the Document Disposal Act, records created or maintained under this Part in respect of an offence committed by a young person may be destroyed after the expiration of

  Section 23 (1) BEFORE amended by 2017-10-59, effective November 2, 2017 (Royal Assent).

(1) If forms are not prescribed under section 44 (2) (a) of this Act, the forms set out in the Offence Act, the federal Act and in Part XXVIII of the Criminal Code may be used with modifications that the circumstances require for the purposes of this Part.

  Section 25 (e.1) was added by 2004-46-37, effective April 18, 2005 (BC Reg 58/2005).

  Section 26 BEFORE re-enacted by 2004-46-38, effective April 18, 2005 (BC Reg 58/2005).

 Protection of officials in duties

26  Section 24 of the Correction Act applies for the purposes of persons appointed by the minister under section 24 (1) of this Act in carrying out their duties under this Act or a rule or regulation made under it.

  Section 27 BEFORE repealed by 2004-46-39, effective April 18, 2005 (BC Reg 58/2005).

 Compulsory retirement

27  Despite the Public Service Act or any other Act, the Lieutenant Governor in Council may prescribe the compulsory retirement age for a person holding appointment under section 24 (1) (a) or (b) of this Act and employed in a youth custody centre.

  Section 29 (1) BEFORE amended by 2014-14-145, effective May 29, 2014 (Royal Assent).

(1) The person in charge of a youth custody centre is not required to accept a young person into custody under a warrant of committal unless a certificate of a medical practitioner certifies for that young person all of the following:

(a) the state of health of the young person;

(b) that the young person is fit for transfer;

(c) that the young person is free from infectious or contagious disease.

  Section 30 BEFORE amended by 2023-10-1195, effective March 30, 2023 (Royal Assent).

Care of youth admitted to custody centre

30   A young person who is admitted to a youth custody centre is subject to the care, control and custody of the government, and all rights and powers of care, control and custody of a parent or guardian over the young person cease until that young person is released on completion of his or her term of custody under the court order.

  Section 31 (3) BEFORE amended by 2023-10-1196, effective March 30, 2023 (Royal Assent).

(3) If a young person committed to custody under section 8 (2) (e) or (f) becomes an adult, a provincial director may transfer the person to a correctional centre to serve his or her custody order or any balance of it.

  Division 1.1, sections 32.1 to 32.5 were enacted to Part 4 by 2004-46-40, effective April 18, 2005 (BC Reg 137/2005).

  Section 32.2 (8) (a) BEFORE amended by 2023-10-1196, effective March 30, 2023 (Royal Assent).

(a) be informed promptly of the reasons for the detention and of his or her right to retain and instruct counsel, and

  Section 32.3 (8) (a) BEFORE amended by 2023-10-1196, effective March 30, 2023 (Royal Assent).

(a) be informed promptly of the reasons for the detention and of his or her right to retain and instruct counsel, and

  Section 34 (7) (a) BEFORE amended by 2023-10-1195, effective March 30, 2023 (Royal Assent).

(a) the object or substance be kept in a secure place at the youth custody centre and returned to the young person on his or her release from custody, or

  Section 35 (6) BEFORE amended by 2004-46-42, effective April 18, 2005 (BC Reg 58/2005).

(6)  A street, highway or place, public or private, along or across which a young person may pass in going to or returning from work, duty or other absence authorized under this section, and every place where a young person may be under this section, must be considered a portion of a youth custody centre for the purposes of this Act.

  Section 35 (2) (b) (iii) BEFORE amended by 2023-10-1195, effective March 30, 2023 (Royal Assent).

(iii) participate in a program specified by the provincial director that, in the provincial director's opinion, will enable the young person to better carry out employment or improve his or her education or training, or

  Section 38 (2) (part) BEFORE amended by 2007-9-108(a), effective June 21, 2007 (BC Reg 226/2007).

(2)  The minister and any person appointed by the minister to conduct an investigation under this section has, for the purposes of the investigation, all the powers, privileges and protections of a commissioner under sections 12, 15 and 16 of the Inquiry Act, and is entitled access at any time to

  Section 38 (3) and (4) were added by 2007-9-108(b), effective June 21, 2007 (BC Reg 226/2007).

  Sections 38.1 and 38.2 were enacted by 2007-9-109, effective June 21, 2007 (BC Reg 226/2007).

  Section 42 (1) BEFORE amended by 2023-10-1197, effective March 30, 2023 (Royal Assent).

(1) A provincial director or person in charge of a youth custody centre may delegate, subject to any terms and conditions he or she considers necessary or advisable, any of his or her powers, duties or functions under this Act to any person.

  Section 44 (2) (k.1) and (q) were added by 2004-46-43(a), effective April 18, 2005 (BC Reg 137/2005).

  Section 44 (2) (l) BEFORE amended by 2004-46-43(b), effective April 18, 2005 (BC Reg 137/2005).

(l) providing for the interception, monitoring or recording of communications in youth custody centres;

  Section 44 (1), (l.1), (l.2) and (l.3) were added by 2004-46-43(b), effective April 18, 2005 (BC Reg 137/2005).

  Section 44 (3) and (4) were added by 2004-46-43(c), effective April 18, 2005 (BC Reg 137/2005).

  Section 45 (1) (part) BEFORE amended by 2015-27-57, effective May 10, 2016 (BC Reg 109/2016).

(1) Despite the Document Disposal Act, records that were created or maintained in respect of an offence committed by a young person under the Young Offenders (British Columbia) Act, as it read before its repeal by this Act, may be destroyed after the expiration of