YCJA Pocket Guide - Government of Nova Scotia

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Appeal or review of placement decision
The decision to place a YP in a custody facility under
s.76(1) may be appealed as part of a sentence.
ss.37(4) &76(5)
The decision on placement may also be reviewed after
the appeal period expires if the court is satisfied that
there has been a material change in circumstances.
Placement options after the review are the same as
before the initial placement. ss.76(6)&(7)
Presumption at age 20
There is a presumption that a YP will be moved to an
adult facility after the age of 20, unless the youth justice
court that makes the order under s.76(1), or reviews the
placement order under s.76(6), is satisfied that
remaining in a youth custody facility would be in the
best interests of the YP and would not jeopardize the
safety of others. s.76(9)
Publication ss.75 & 110
Publication ban is the general rule
The general rule is that no person may publish the
name of a YP or any other information related to the YP
if it would identify the YP as a YP dealt with under this
act. s.110(1)
Exceptions to the general rule of publication ban
s.110
• the YP has received an AS s.110(2)(a)
• the YP has received a youth sentence for a violent
offence and the youth justice court has lifted the
publication ban because the court
- has considered the purpose and principles set
out in ss.3 & 38
- believes the YP poses a significant risk of
committing another violent offence
AND
- believes that lifting the ban is necessary to
protect the public against that risk
ss.75(2)&110(2)(b)
OR
• the information is published to administer justice
and NOT for the purpose of making it known to the
community s.110(2)(c)
Appeal of the order to lift a publication ban
The decision to lift the publication ban under s.75(2)
may be appealed as part of the sentence.
ss.37(4)&75(4)
(for more information on publication, see “Publication,”
p.116)
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