YCJA Pocket Guide - Government of Nova Scotia

Extrajudicial Measures Notes 16
Notes to police, Crown,
and restorative programs
Notes to police on EJM & EJS generally
Police MUST consider these measures: take no further
action, warnings, cautions, and referrals. s.6
EJS should be used ONLY when an officer determines
that warnings, cautions, and referrals are not adequate.
s.10(1)
Nothing in the YCJA prevents using EJM more than
once. s.4(d)
Police MUST keep records of EJM. s.115(1.1)
Notes to police, Crown, and
restorative justice programs
Restorative justice and EJS policy
Referrals to restorative justice can be made
• by police for Level 1 offences
AND
• by police or the Crown for Level 2 offences
Note a key change
The amendment to s.39(1)(c) now includes, for
indictable offences, EJS in the “history that indicates a
pattern” as one of the preconditions for imposing a
custodial sentence. s.39
PRE-TRIAL PROCEDURES
Judicial interim release ss.28 to 33
General rule ss.28 & 29
All provisions in Part XVI of the CC that apply to
judicial interim release for adults apply to YPs, except
where they are inconsistent with or excluded by the
YCJA. ss.28 & 29
Key provisions for judicial interim release
YP must first appear before a judge or justice
The youth justice court judge or justice MUST
a
s.32(1)
have the information or indictment read to the YP
b if the YP is NOT represented by counsel,
inform the YP of that right
c
AND
advise the YP if there is a possibility
of an adult sentence
No detention allowed
s.29(1)
A YP MUST NOT be detained in custody before
sentencing as a substitute for appropriate child
protection, mental health, or other social measures.
s.29(1)
Pre-trial Procedures Judicial interim release 17