YCJA Pocket Guide - Government of Nova Scotia

Youth Sentences Prohibition orders for offences 48
Prohibition orders for offences
Referred to in CC ss.109(1)(a) to (d) & 110(1)(a) or (b)
ss.42(2)(j) & 51
Mandatory prohibition order
When a YP is found guilty of an offence referred to in
CC 109(1)(a) to(d) the youth justice court MUST, in
addition to any sentence imposed under s.42 of the
YCJA, make an order that prohibits the YP from
possessing any firearm, cross-bow, prohibited weapon,
restricted weapon, prohibited device, ammunition,
prohibited ammunition, or explosive substance.
s.51(1)
The minimum duration of a mandatory order is
2 years after the YP completes the custody portion of
the sentence or, if no custody, 2 years after a finding of
guilt. s.51(2)
Reasons – Prohibition Order
Reasons must be given for
• making the prohibition order s.51(5)
AND
• failing to make a discretionary order or failing to
prohibit the YP from possessing everything referred
to in s.51(3). s.51(6)
Review – Prohibition Order
There is also provision for the youth justice court to
review prohibition orders that are made under s.51.
s.52
Discretionary prohibition order
There are also discretionary prohibition orders, which
the youth justice court MUST consider for offences
referred to in paragraphs CC 110(1)(a)or(b). s.51(3)
The maximum duration of a discretionary order is
2 years after the YP completes the custody portion of
the sentence or, if no custody, 2 years after a finding of
guilt. s.51(4)
Youth Sentences Prohibition orders for offences 49