1990, c.23, s.1
In this Act
“adult” means a person who is neither a young person nor a child;(adulte)
“alternative measures” means measures other than judicial proceedings used to deal with a young person alleged to have committed an offence;(mesures de rechange)
“child” means a person who is or, in the absence of evidence to the contrary, appears to be under the age of twelve years;(enfant)
“parent” includes, in respect of another person, any person who is under a legal duty to provide for that other person or any person who has, in law or in fact, the custody or control of that other person, but does not include a person who has custody or control of that other person by reason only of proceedings in relation to an offence alleged to have been committed by a young person;(parent)
“provincial director” means the person appointed or designated for the Province to perform the duties and functions of a provincial director under the Young Offenders Act;(directeur provincial)
“Young Offenders Act” means the Young Offenders Act (Canada);(Loi sur les jeunes contrevenants)
“young person” means a person who is or, in the absence of evidence to the contrary, appears to be(adolescent)
(a) twelve years of age or older, but
(b) under eighteen years of age,
“youth court” means a court established or designated as a youth court for the Province for the purposes of the Young Offenders Act;(tribunal pour adolescents)
“youth court judge” means a person appointed to be or authorized, by whatever title the person may be designated, to act as a judge of a youth court;(juge d’un tribunal pour adolescents)
“youth worker” means a person appointed or designated, whether by the title of youth worker or probation officer or by any other title, for the Province to perform the duties and functions of a youth worker under the Young Offenders Act.(délégué à la jeunesse)
Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Provincial Offences Procedure Act.
The provincial director may authorize persons to exercise or perform any power, duty or function of the provincial director under this Act and any power, duty or function exercised or performed by a person so authorized shall be deemed to have been exercised or performed by the provincial director.
1990, c.23, s.2
It is hereby recognized and declared that
(a) while young persons should not in all instances be held accountable in the same manner or suffer the same consequences for their behaviour as adults, young persons who commit offences should nonetheless bear responsibility for their contraventions;
(b) society must, although it has the responsibility to take reasonable measures to prevent conduct contrary to law by young persons, be afforded the necessary protection from illegal behaviour;
(c) young persons who commit offences require supervision, discipline and control, but, because of their state of dependency and level of development and maturity, they also have special needs and require guidance and assistance;
(d) where it is not inconsistent with the protection of society, taking no measures or taking measures other than judicial proceedings should be considered for dealing with young persons who have committed offences;
(e) young persons have rights and freedoms in their own right, including those stated in the Canadian Charter of Rights and Freedoms, and in particular a right to be heard in the course of, and to participate in, the processes that lead to decisions that affect them, and young persons should have special guarantees of their rights and freedoms;
(f) in the application of this Act, the rights and freedoms of young persons include a right to the least possible interference with freedom that is consistent with the protection of society, having regard to the needs of young persons and the interests of their families;
(g) young persons have the right, in every instance where they have rights or freedoms that may be affected by this Act, to be informed as to what those rights and freedoms are; and
(h) parents have responsibility for the care and supervision of their children, and, for that reason, young persons should be removed from parental supervision either partly or entirely only when measures that provide for continuing parental supervision are inappropriate.
This Act shall be liberally construed to the end that young persons will be dealt with in accordance with the principles set out in subsection (1).
No person shall be convicted of an offence in respect of an act or omission of that person while a child.
1990, c.23, s.3; 1991, c.28, s.1
Alternative measures may be used to deal with a young person alleged to have committed an offence instead of judicial proceedings if
(a) the measures are part of a program of alternative measures authorized for the Province for the purposes of the Young Offenders Act,
(b) the person who is considering whether to use such measures is satisfied that they would be appropriate, having regard to the needs of the young person and the interests of society,
(c) the young person, having been informed of the alternative measures, fully and freely consents to participate in them,
(d) the young person has, before consenting to participate in the alternative measures, been advised of the young person’s right to retain and instruct counsel and been given a reasonable opportunity to do so,
(e) the young person accepts responsibility for the act or omission that forms the basis of the offence that the young person is alleged to have committed,
(f) there is, in the opinion of the Attorney General or of an agent of the Attorney General, sufficient evidence to proceed with the prosecution of the offence, and
(g) the prosecution of the offence is not in any way barred by law.
Alternative measures shall not be used to deal with a young person alleged to have committed an offence if the young person
(a) denies participation or involvement in the commission of the offence, or
(b) expresses a wish to have any charge dealt with by a youth court.
Alternative measures shall not be used to deal with a young person alleged to have committed
(a) an offence in relation to which a ticket has been served on a young person, or
(b) an offence prescribed by regulation.
No admission, confession or statement accepting responsibility for a given act or omission made by a young person alleged to have committed an offence as a condition of the young person’s being dealt with by alternative measures shall be admissible in evidence against the young person in any civil or criminal proceedings.
The use of alternative measures in respect of a young person alleged to have committed an offence is not a bar to judicial proceedings against the young person, but
(a) if a youth court is satisfied on a balance of probabilities that the young person has totally complied with the terms and conditions of the alternative measures, the youth court shall dismiss any charge against the young person, and
(b) if a youth court is satisfied on a balance of probabilities that the young person has partially complied with the terms and conditions of the alternative measures, the youth court may dismiss any charge against the young person if, in the opinion of the court, the prosecution of the charges would, having regard to the circumstances, be unfair, and the youth court may consider the young person’s performance with respect to the alternative measures before sentencing.
Subject to subsection (5), nothing in this section shall be construed to prevent any person from laying an information, obtaining the issue or confirmation of any process or proceeding with the prosecution of any offence in accordance with law.
1990, c.23, s.4
Notwithstanding any other Act but subject to subsection (2), a youth court has exclusive jurisdiction in respect of an offence committed or alleged to have been committed by a person while the person was a young person.
If a youth court is a superior court and a judge of the youth court is not reasonably available, a judge of the Provincial Court of New Brunswick may act in the place of a youth court judge under this Act, under the Provincial Offences Procedure Act, and under any special provision in any other Act that applies by virtue of subsection 1(2) of the Provincial Offences Procedure Act, in respect of an offence committed or alleged to have been committed by a person while the person was a young person, except that a judge of the Provincial Court of New Brunswick acting under this subsection shall not conduct a trial, impose a sentence or take any steps for the purposes of enforcing the payment of fines.
Proceedings that are commenced against a young person and that continue after that person becomes an adult shall be continued, after the person becomes an adult, in all respects as if the person remained a young person.
A youth court is a court of record.
1990, c.23, s.6; 1991, c.28, s.2; 2013, c.45, s.4; 2017, c.58, s.26
Subject to this Act, the Provincial Offences Procedure Act, and any special provision in any other Act that applies by virtue of subsection 1(2) of the Provincial Offences Procedure Act, apply in respect of offences committed or alleged to have been committed by young persons.
Forms prescribed or provided under the Provincial Offences Procedure Act may be modified for use in relation to offences committed or alleged to have been committed by young persons.
Forms prescribed or provided under or in relation to any special provision in any other Act that applies by virtue of subsection 1(2) of the Provincial Offences Procedure Act may be modified for use in relation to offences committed or alleged to have been committed by young persons.
Repealed: 1990, c.23, s.6
For the purposes of offences committed or alleged to have been committed by young persons, references to the Provincial Court of New Brunswick and to a judge of that Court in the Provincial Offences Procedure Act, or in any special provision in any other Act that applies by virtue of subsection 1(2) of the Provincial Offences Procedure Act, shall be deemed to be references to a youth court and to a youth court judge respectively.
Repealed: 1991, c.28, s.2
An appearance notice shall not be served on a young person under the Provincial Offences Procedure Act.
A plea of guilty form shall not be served on a young person under the Provincial Offences Procedure Act.
A young person shall not be convicted under the Provincial Offences Procedure Act or any other Act when the young person is not before the court unless a ticket was served on the young person.
Sections 16.1 to 16.92 and 27.1 of the Provincial Offences Procedure Act do not apply in relation to a young person.
1990, c.23, s.7
A young person who is arrested and detained prior to sentencing shall be detained in a place of temporary detention that is designated as a place of temporary detention under the Custody and Detention of Young Persons Act or that falls within a class of places designated as places of temporary detention under that Act.
A young person detained pursuant to subsection (1) shall be held separate and apart from any adult who is detained or held in custody unless a youth court judge authorizes the detention, being satisfied that
(a) the young person cannot, having regard to the safety of the young person or the safety of others, be detained in a place of detention for young persons, or
(b) no place of detention for young persons is available within a reasonable distance.
A young person who is detained pursuant to subsection (1) may, in the course of being transferred from the place of detention to the court or from the court to the place of detention, be held under the supervision and control of a peace officer.
Subsections (1) and (2) do not apply in respect of any temporary restraint of a young person under the supervision and control of a peace officer after arrest, but a young person who is so restrained shall be transferred to a place of detention referred to in subsection (1) as soon as practicable, and, if detention in custody is to be continued, in no case later than the first reasonable opportunity after the appearance of the young person before a youth court judge under section 118 or 125 of the Provincial Offences Procedure Act.
A young person who is detained in custody in accordance with this section may, during the period of detention, be transferred by the provincial director from one place of detention to another.
Repealed: 1990, c.23, s.7
1990, c.23, s.8
If a youth court judge is satisfied that
(a) a young person who has been arrested would, but for this subsection, be detained in custody,
(b) a responsible person is willing and able to take care of and exercise control over the young person, and
(c) the young person is willing to be placed in the care of that person,
A young person shall not be placed in the care of a person under subsection (1) unless
(a) that person undertakes in writing to take care of and to be responsible for the attendance of the young person in court when required and to comply with such other conditions as the youth court judge may specify, and
(b) the young person undertakes in writing to comply with the arrangement and to comply with such other conditions as the youth court judge may specify.
If a young person has been placed in the care of a person under subsection (1) and
(a) that person is no longer willing or able to take care of or exercise control over the young person, or
(b) it is, for any other reason, no longer appropriate that the young person be placed in the care of that person,
If a youth court judge is satisfied that a young person should not remain in the custody of the person in whose care the young person was placed under subsection (1), the youth court judge shall
(a) make an order relieving the person and the young person of the obligations undertaken pursuant to subsection (2), and
(b) issue a warrant for the arrest of the young person.
If a young person is arrested pursuant to a warrant issued under paragraph (4)(b), the young person shall be taken as soon as practicable before a youth court judge who may
(a) place the young person in the care of another responsible person in accordance with this section, or
(b) order that the young person be detained in custody and proceed in accordance with section 129 of the Provincial Offences Procedure Act.
Every person who wilfully fails to comply with an undertaking entered into pursuant to this section commits a category F offence.
An application under section 130 of the Provincial Offences Procedure Act for a review of an order made in respect of a young person by a judge who is a judge of a superior court shall be made to a judge of The Court of Appeal of New Brunswick.
1990, c.23, s.9
If a young person is arrested and detained in custody pending the young person’s appearance in court, the officer in charge at the time the young person is detained shall as soon as practicable give or cause to be given, orally or in writing, to a parent of the young person notice of the arrest stating the place of detention and the reason for the arrest.
If a summons directed to a young person is issued under the Provincial Offences Procedure Act, the person who issues the summons shall as soon as practicable give or cause to be given, in writing, to a parent of the young person notice that the summons was issued.
If a witness statement is served on a young person under the Provincial Offences Procedure Act, the prosecutor shall as soon as practicable give or cause to be given, in writing, to a parent of the young person notice that the witness statement was served.
If a ticket is served on a young person under the Provincial Offences Procedure Act, the person who served the ticket shall as soon as practicable give or cause to be given, in writing, to a parent of the young person notice that the ticket was served.
If a ticket is served on a young person under the Provincial Offences Procedure Act and the young person pays the fixed penalty under section 14 of the Provincial Offences Procedure Act, the person who receives the payment shall as soon as practicable give or cause to be given, in writing, to a parent of the young person notice that the penalty was paid.
Repealed: 1990, c.23, s.9
If a young person is released under section 128 of the Provincial Offences Procedure Act on the young person’s entering into the undertaking referred to in subsection 128(1) of the Provincial Offences Procedure Act, the youth court judge shall as soon as practicable give or cause to be given, orally or in writing, to a parent of the young person notice of the release and of the terms and conditions of the release.
If the whereabouts of the parents of a young person in relation to whom notice is to be given under this section are not known or it appears that no parent is available, a notice under this section may be given to an adult relative of the young person who is known to the young person and is likely to assist the young person or, if no such adult relative is available, to such other adult who is known to the young person and is likely to assist the young person as the person giving the notice considers appropriate.
If a young person in relation to whom notice is to be given under this section is married, a notice under this section may be given to the spouse of the young person instead of a parent.
If doubt exists as to the person to whom a notice under this section should be given, a youth court judge may give directions as to the person to whom the notice should be given, and a notice given in accordance with such directions is sufficient notice for the purposes of this section.
Any notice under this section shall, in addition to any other requirements under this section, include
(a) the name of the young person in respect of whom it is given,
(b) the charge against the young person and the time and place of appearance, and
(c) a statement that the young person has the right to retain and instruct counsel.
If a notice under this section is accompanied by a copy of a document directed to, served on, signed by or prepared in relation to a young person, the notice complies with subsection (11) if the notice and the copy of the document taken together include everything mentioned in subsection (11).
Subject to subsection (15), a notice under this section given in writing may be served personally or by mail.
Subject to subsection (14), failure to give notice in accordance with this section does not affect the validity of proceedings in relation to a young person.
(a) a parent of the young person against whom proceedings are held attends court with the young person, or
(b) notice is given in accordance with paragraph (15)(a) or notice is dispensed with pursuant to paragraph (15)(b).
If there has been a failure to give a notice in accordance with this section and none of the persons to whom such notice may be given attends court with a young person, a youth court judge may
(a) adjourn the proceedings and order that the notice be given in such manner and to such person as the judge directs, or
(b) dispense with the notice where, in the judge’s opinion, having regard to the circumstances, notice may be dispensed with.
1990, c.23, s.10; 1991, c.28, s.3
If a parent does not attend proceedings in respect of a young person, the youth court judge may, if in the judge’s opinion the presence of the parent is necessary or in the best interests of the young person, by order in writing require the parent to attend at any stage of the proceedings.
An order made under subsection (1) shall be served by a peace officer or by a person designated by the youth court judge by delivering it personally to the parent to whom it is directed, unless the judge authorizes service by registered mail.
A parent who is ordered to attend proceedings pursuant to subsection (1) and who fails without lawful excuse to attend or to remain in attendance as required commits a category F offence.
A certificate of the judge before whom a parent is alleged to have failed to attend or to remain in attendance stating that the parent failed to attend or to remain in attendance is admissible in evidence as prima facie proof of the fact without proof of the authority, signature or appointment of the judge appearing to have signed the certificate.
Repealed: 1990, c.23, s.10
If a parent who is ordered to attend proceedings pursuant to subsection (1) does not attend at the time and place named in the order or fails to remain in attendance as required and it is proved that a copy of the order was served on the parent, a youth court judge may issue a warrant to compel the attendance of the parent.
The peace officer who arrests a parent under a warrant issued under subsection (5) shall as soon as practicable take the parent before a youth court judge.
Unless the youth court judge is satisfied that it is necessary to detain the arrested parent in custody to ensure that parent’s attendance at proceedings in relation to a young person, the judge shall order the parent released on the parent’s entering into an undertaking to attend, and the judge may also require the parent to enter into a recognizance with or without sureties, in such amount and with such conditions, if any, as are appropriate, in the opinion of the judge, to ensure the attendance of the parent at proceedings in relation to a young person.
If the youth court judge is satisfied that it is necessary to detain the arrested parent in custody to ensure that parent’s attendance at proceedings in relation to a young person, the judge may, by order in the form prescribed by regulation, order that the parent be detained in custody, and such an order is sufficient authority
(a) for a peace officer to convey the parent to a correctional institution for the purpose of detention under the order, and
(b) for the reception and detention of the parent by officers of a correctional institution in accordance with the terms of the order.
A parent who is detained in custody under an order made under subsection (8) shall not be detained in custody for a period longer than ten days.
If a youth court judge is satisfied that the detention is no longer justified, the judge may at any time order the release of a parent detained in custody under this section.
1990, c.23, s.11; 1991, c.28, s.4
A young person has the right to retain and instruct counsel without delay, and to exercise that right personally, at any stage of proceedings against the young person and prior to and during any consideration of whether, instead of commencing or continuing judicial proceedings against the young person, to use alternative measures to deal with the young person.
Notwithstanding subsection (1), a ticket may be served on a young person before a young person has been advised of or given the opportunity to exercise the rights given under subsection (1).
Every young person who is arrested or detained shall, forthwith on arrest or detention, be advised by the arresting officer or the officer in charge, as the case may be, of the young person’s right to retain and instruct counsel and shall be given a reasonable opportunity to do so.
If a young person is not represented by counsel
(a) at a hearing at which it will be determined whether to release the young person or detain the young person in custody prior to disposition of the young person’s case,
(b) at the young person’s trial,
(c) on sentencing of the young person, or
(d) on an appeal
If a young person is unable to retain and instruct counsel either through a legal aid program or otherwise and the youth court judge or the judge on appeal before whom the young person appears is of the opinion that the young person should be represented by counsel or by a responsible spokesperson, the judge may advise the Attorney General that, in the judge’s opinion, counsel or a responsible spokesperson should be made available to assist in representing the young person.
If a young person is not represented by counsel at a hearing, trial, sentencing or appeal referred to in subsection (3), the youth court judge or the judge on appeal before whom the proceedings are held may, on the request of the young person, allow the young person to be assisted by an adult whom the judge considers to be suitable.
In any case where it appears to a youth court judge or a judge on appeal that the interests of a young person and the young person’s parents are in conflict or that it would be in the best interests of the young person to be represented by separate counsel, the judge shall advise the young person that the young person is entitled to retain and instruct counsel or to be assisted by a suitable adult independent of the young person’s parents.
Subject to subsection 6(7), notwithstanding that a young person is represented by counsel or agent, no proceedings in relation to a young person as a defendant shall be conducted in the absence of the young person.
1990, c.23, s.12; 1995, c.17, s.8; 2005, c.7, s.65; 2017, c.20, s.147
A pre-sentence report in respect of a young person shall, subject to subsection (2), be in writing and shall include
(a) the results of an interview with the young person and, where reasonably possible, the results of an interview with the parents of the young person,
(b) the results of an interview with any victim of the case, if applicable and where reasonably possible, and
(c) such information as is applicable to the case including, if applicable,
(i) the age, maturity, character, behaviour and attitude of the young person and the young person’s willingness to make amends,
(ii) any plans put forward by the young person to change the young person’s conduct or to participate in activities or undertake measures to improve,
(iii) the history of previous findings of guilt under an Act of Parliament or any regulation made under any such Act, under a provincial statute or any regulation made under any such Act or under a by-law or ordinance of a local government, the history of community or other services rendered to the young person with respect to such findings and the response of the young person to previous sentences or dispositions and to services rendered to the young person,
(iv) the history of alternative measures used to deal with the young person and the response of the young person to them,
(v) the availability of community services and facilities for young persons and the willingness of the young person to use such services or facilities,
(vi) the relationship between the young person and the young person’s parents and the degree of control and influence of the parents over the young person, and
(vii) the school attendance and performance record and the employment record of the young person.
If a pre-sentence report cannot reasonably be committed to writing, it may, with leave of the youth court judge, be submitted orally in court.
If a pre-sentence report in respect of a young person is submitted to a youth court in writing, the youth court judge
(a) shall, subject to subsection (5), cause a copy of the report to be given to
(i) the young person,
(ii) a parent of the young person, if the parent is in attendance at the proceedings against the young person,
(iii) counsel, if any, representing the young person, and
(iv) the prosecutor, and
(b) may cause a copy of the report to be given to a parent of the young person not in attendance at the proceedings against the young person if the parent is, in the opinion of the youth court judge, taking an active interest in the proceedings.
When a pre-sentence report in respect of a young person is submitted to a youth court, the young person, counsel for the young person or the adult assisting the young person pursuant to subsection 12(5) and the prosecutor shall, subject to subsection (5), on application to the youth court judge, be given an opportunity to cross-examine the person who submitted the report.
When a pre-sentence report in respect of a young person is submitted to a youth court, the youth court judge may, if the prosecutor is a private prosecutor and disclosure of the report or any part of it to the prosecutor might, in the opinion of the youth court judge, be prejudicial to the young person and is not, in the opinion of the judge, necessary for the prosecution of the case against the young person,
(a) withhold the report or part of it from the prosecutor, if the report is submitted in writing, or
(b) exclude the prosecutor from the court during the submission of the report or part of it, if the report is submitted orally in court.
When a pre-sentence report in respect of a young person is submitted to a youth court, the youth court judge
(a) shall, on request, cause a copy or a transcript of the report to be supplied to
(i) any court that is dealing with matters relating to the young person, and
(ii) any youth worker to whom the young person’s case has been assigned, and
(b) may, on request, cause a copy or a transcript of the report, or a part of it, to be supplied to any person not otherwise authorized under this section to receive a copy or transcript of the report if, in the opinion of the youth court judge, the person has a valid interest in the proceedings.
A person who submits a pre-sentence report in respect of a young person to a youth court may make the report, or any part of it, available to any person in whose custody or under whose supervision the young person is placed or to any other person who is directly assisting in the care or treatment of the young person.
No statement made by a young person in the course of the preparation of a pre-sentence report in respect of the young person is admissible in evidence against the young person in any civil or criminal proceedings except in proceedings under Part II of the Provincial Offences Procedure Act.
1990, c.23, s.13
If a youth court judge convicts a young person, the judge shall, in addition to the requirements of section 49 of the Provincial Offences Procedure Act, consider any representations made by a parent of the young person or by any adult assisting the young person pursuant to subsection 12(5) and any other relevant information before the judge.
A sentence imposed on a young person shall continue in effect, in accordance with the terms of the sentence, after the young person against whom it is made becomes an adult.
If a youth court judge imposes a sentence on a young person the judge shall provide or cause to be provided a copy of the record of disposition and, on request, a transcript or copy of the reasons for the sentence to the young person, counsel for the young person, the parents or spouse of the young person and to the provincial director, if the provincial director has an interest in the sentence.
No sentence shall be imposed on a young person that results in a punishment that is greater than the maximum punishment that would be applicable to an adult who has committed the same offence.
1990, c.23, s.14; 1991, c.28, s.5; 2011, c.16, s.15
Notwithstanding any other Act, a youth court judge shall not impose on a young person a fine exceeding one thousand dollars.
Notwithstanding any other Act, a youth court judge may impose on a young person a fine less than the minimum fine fixed for an offence unless the offence committed is one in relation to which a ticket has been served.
A youth court judge shall, in imposing a fine on a young person or in making a probation order requiring a young person to pay money, have regard to the present and future means of the young person to pay.
A young person is not required to pay the portion of the fine representing a surcharge imposed under the Victims Services Act to be eligible for admission into a fine-option program referred to in section 85 of the Provincial Offences Procedure Act and subsection (8) of that section does not apply in relation to a young person.
1990, c.23, s.15
“place of open custody” means a place or facility designated under the Custody and Detention of Young Persons Act as a place of open custody or a place or facility within a class of places or facilities so designated;
“place of secure custody” means a place or facility designated under the Custody and Detention of Young Persons Act as a place of secure custody or a place or facility within a class of places or facilities so designated.
For purposes of sentencing a young person to a term of imprisonment, references in the Provincial Offences Procedure Act to a correctional institution shall be read as references to a place of open or secure custody.
Notwithstanding any other Act, a youth court judge shall not sentence a young person to a term of imprisonment in excess of six months.
If a young person is convicted of an offence that carries a mandatory term of imprisonment, the youth court judge may
(a) refrain from sentencing the young person to a term of imprisonment, or
Subject to this Act, a term of imprisonment to which a young person is sentenced shall be served in accordance with the Custody and Detention of Young Persons Act.
Notwithstanding any other Act, a youth court judge shall not sentence a young person to a term of imprisonment unless the judge considers imprisonment to be necessary for the protection of society having regard to the seriousness of the offence and the circumstances in which it was committed and having regard to the needs and circumstances of the young person.
Subject to subsection (8), before sentencing a young person to a term of imprisonment, a youth court judge shall consider a pre-sentence report.
A youth court judge may, with the consent of the prosecutor and the young person or counsel for the young person, dispense with the pre-sentence report required under subsection (7) if the judge is satisfied, having regard to the circumstances, that the report is unnecessary or that it would not be in the best interests of the young person.
1990, c.23, s.16
If a youth court judge sentences a young person to a term of imprisonment, the judge shall specify in the warrant of committal whether the imprisonment is to be in a place of open custody or a place of secure custody.
No young person who is found guilty of an offence shall be sentenced to a term of imprisonment in a place of secure custody unless the young person was, at the time the offence was committed, fourteen years of age or older.
1990, c.23, s.17
A young person who is sentenced to a term of imprisonment may, in the course of being transferred from custody to the court or from the court to custody, be held under the supervision and control of a peace officer or in such place of temporary detention referred to in subsection 7(1) as the provincial director may specify.
A young person who is sentenced to a term of imprisonment may, during the period of custody, be transferred by the provincial director from one place of open custody to another or from one place of secure custody to another.
No young person who is sentenced to a term of imprisonment in a place of secure custody may be transferred to a place of open custody.
Subject to subsection (9), no young person who is sentenced to a term of imprisonment in a place of open custody may be transferred to a place of secure custody.
The provincial director may transfer a young person from a place of open custody to a place of secure custody for a period not exceeding fifteen days if
(a) the young person escapes or attempts to escape lawful custody, or
(b) the transfer is, in the opinion of the provincial director, necessary for the safety of the young person or the safety of others in the place of open custody.
1990, c.23, s.18
If a young person is sentenced to terms of imprisonment to be served in a place of open custody and in a place of secure custody, any portions of which sentences are to be served consecutively, the sentence to be served in a place of secure custody shall be served first without regard to the order in which the sentences were imposed.
If a young person is sentenced to terms of imprisonment to be served in a place of open custody and in a place of secure custody, any portion of which sentences are to be served concurrently, the concurrent portions of the sentences shall be served in secure custody.
1990, c.23, s.19
A young person who is sentenced to a term of imprisonment shall be deemed to be sentenced to continuous custody unless the youth court judge specifies otherwise.
Before ordering a term of imprisonment to be served intermittently, the youth court judge shall require the prosecutor to make available to the court for its consideration a report of the provincial director as to the availability of a place of custody in which an order of intermittent custody can be enforced and, where the report discloses that no such place of custody is available, the judge shall not make the order.
If a young person is sentenced to a term of imprisonment, the youth court judge may, on application of the provincial director made at any time after the young person attains the age of eighteen years, after affording the young person an opportunity to be heard, authorize the provincial director to direct that the young person serve the sentence or the remaining portion of it in a correctional institution for adults, if the judge considers it to be in the best interests of the young person or in the public interest. 1990, c.23, s.20
Where a young person is sentenced to a term of imprisonment by a youth court judge and is concurrently under sentence of imprisonment imposed in ordinary court, that person may, in the discretion of the provincial director, serve the sentence, or any portions of it, in a place of custody for young persons, in a correctional institution for adults or, where the unexpired portion of the sentence is two years or more, in a penitentiary. 1990, c.23, s.21
Where a youth court is a superior court, an appeal shall be to The Court of Appeal of New Brunswick.
The duties and functions of a youth worker in respect of a young person whose case has been assigned to the youth worker by the provincial director include 1990, c.23, s.23
(a) if the young person is bound by a probation order that requires the young person to be under supervision, supervising the young person in complying with the conditions of the probation order or in carrying out any other sentence made together with it,
(b) if the young person is found guilty of any offence, giving such assistance to the young person as the youth worker considers appropriate up to the time the young person is discharged or the sentence terminates,
(c) attending court when the youth worker considers it advisable or when required by a youth court judge to be present,
(d) preparing a pre-sentence report, and
(e) performing such other duties and functions as the provincial director requires.
1990, c.23, s.24
Subject to this section, no person shall publish by any means any report
(a) of an offence committed or alleged to have been committed by a young person, or
(b) of a hearing, adjudication, sentence, review or appeal concerning a young person who committed or is alleged to have committed an offence
Subsection (1) does not apply in respect of the disclosure of information in the course of the administration of justice where it is not the purpose of the disclosure to make the information known to the community.
A youth court judge shall, on the ex parte application of a peace officer, make an order permitting any person to publish a report described in subsection (1) that contains the name of a young person, or information serving to identify a young person, who has committed or is alleged to have committed an offence, if the judge is satisfied that
(a) there is reason to believe that the young person is dangerous to others, and
(b) publication of the report is necessary to assist in apprehending the young person.
An order made under subsection (3) ceases to have effect two days after it is made.
A youth court judge may, on the application of any person referred to in subsection (1), make an order permitting any person to publish a report in which the name of that person, or information serving to identify that person, would be disclosed, if the judge is satisfied that the publication of the report would not be contrary to the best interests of that person.
Every person who violates subsection (1) commits a category F offence.
Every person who 1990, c.23, s.25
(a) wilfully induces or assists a young person to breach or disobey a term or condition of a sentence, or
(b) wilfully prevents or interferes with the performance by a young person of a term or condition of a sentence
1990, c.23, s.26
Subject to this section, the law relating to the admissibility of statements made by persons accused of committing offences applies in respect of young persons.
No oral or written statement given by a young person to a peace officer or other person who is, in law, a person in authority is admissible against the young person unless
(a) the statement was voluntary,
(b) the person to whom the statement was given has, before the statement was made, clearly explained to the young person, in language appropriate to the young person’s age and understanding, that
(i) the young person is under no obligation to give a statement,
(ii) any statement given by the young person may be used as evidence in proceedings against the young person,
(iii) the young person has the right to consult another person in accordance with paragraph (c), and
(iv) any statement made by the young person is required to be made in the presence of the person consulted, unless the young person desires otherwise,
(c) the young person has, before the statement was made, been given a reasonable opportunity to consult with counsel or a parent, or in the absence of a parent or an adult relative, any other appropriate adult chosen by the young person, and
(d) if the young person consults any person pursuant to paragraph (c), the young person has been given a reasonable opportunity to make the statement in the presence of that person.
The requirements set out in paragraphs (2)(b), (c) and (d) do not apply in respect of oral statements where they are made spontaneously by the young person to a peace officer or other person in authority before that person has had a reasonable opportunity to comply with those requirements.
A young person may waive the rights of the young person under paragraph (2)(c) or (d) but any such waiver shall be made in writing and shall contain a statement signed by the young person that the young person has been apprised of the right that is being waived.
A youth court judge may rule inadmissible in proceedings a statement given by the young person in respect of whom the proceedings are taken if the young person satisfies the judge that the statement was given under duress imposed by any person who is not, in law, a person in authority.
1990, c.23, s.27
In any proceedings in respect of a young person alleged to have committed an offence, the testimony of a parent of a person as to the age of that person is admissible as evidence of the age of that person.
In any proceedings in respect of a young person alleged to have committed an offence
(a) an original or a copy of a birth or baptismal certificate purporting to be certified under the hand of the person in whose custody such records are held is evidence of the age of the person named in the certificate or copy, and
(b) an entry or record of an incorporated society that has had the control or care of the person alleged to have committed the offence in respect of which the proceedings are taken at or about the time the person came to Canada is evidence of the age of that person, if the entry or record was made before the time when the offence is alleged to have been committed.
In the absence before the youth court judge of any certificate, copy, entry or record mentioned in subsection (2), or in corroboration of any such certificate, copy, entry or record, the judge may receive and act upon any other information relating to age that the judge considers reliable.
In any proceedings in respect of a young person alleged to have committed an offence, the youth court judge may draw inferences as to the age of a person from the person’s appearance or from statements made by the person in direct examination or cross-examination.
The Lieutenant-Governor in Council may make regulations 1990, c.23, s.28; 1991, c.28, s.6
(a) prescribing the form of any document that is required by this Act to be in the form prescribed by regulation;
(a.1) prescribing the form of other documents for use under this Act;
(a.2) respecting, in relation to offences committed or alleged to have been committed by young persons, the use and modification of forms prescribed or provided for use under the Provincial Offences Procedure Act or under any special provision in any other Act that applies by virtue of subsection 1(2) of the Provincial Offences Procedure Act;
(a.3) prescribing, in relation to offences committed or alleged to have been committed by young persons, the form of any document to be used under the Provincial Offences Procedure Act, whether or not a similar form is prescribed or provided under the Provincial Offences Procedure Act;
(a.4) prescribing, in relation to offences committed or alleged to have been committed by young persons, the form of any document to be used under any special provision in any other Act that applies by virtue of subsection 1(2) of the Provincial Offences Procedure Act, whether or not a similar form is prescribed or provided under or in relation to the special provision;
(b) prescribing offences in relation to which alternative measures shall not be used;
(c) excluding the application of provisions of the Provincial Offences Procedure Act or of any other Act in respect of offences committed or alleged to have been committed by young persons;
(d) Repealed: 1991, c.28, s.6
(e) prescribing rules regulating the practice and procedure before a youth court.
1990, c.23, s.29; 1991, c.28, s.7
If, before the commencement of this Act, proceedings were commenced in respect of an offence committed or alleged to have been committed by a person who was at the time of the offence or alleged offence a young person as defined in this Act, the proceedings and all matters consequent on the proceedings may be dealt with in all respects as if this Act had not come into force.
If, before the commencement of this Act, no proceedings were commenced in respect of an offence alleged to have been committed before the commencement of this Act by a person who was at the time of the alleged offence a young person as defined in this Act, this Act applies.
For the purposes of this section, proceedings are commenced by the laying of an information or the serving of the summons part of a traffic ticket.
Judicature ActRepealed: 1991, c.17, s.3 1990, c.23, s.31; 1991, c.17, s.3
Mental Health ActRepealed: 1990, c.22, s.43 1990, c.22, s.43