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Justice committee Yes, that's correct.
May 11th, 2010Committee meeting
Paula Kingston
Justice committee If it's a youth sentence, which the vast majority are, that's a sentence of 10 years at age 15. It's already clear in the YCJA that for a youth sentence, they can only serve it in a youth custody facility. The rule is generally that the young person would stay there until the age
May 11th, 2010Committee meeting
Paula Kingston
Justice committee It is possible under the current YCJA, but only in very limited circumstances. If a young person has received an adult sentence, and the judge, in determining placement.... There's a presumption against putting someone under 18 into an adult facility, but the possibility is there
May 11th, 2010Committee meeting
Paula Kingston
Justice committee We don't have a specific study on that, but we do know that very few young people get adult sentences, and by the time they're sentenced, they're usually 18 or over. Because the presumption in the legislation says that they shouldn't be sentenced or placed in an adult facility, w
May 11th, 2010Committee meeting
Paula Kingston
Justice committee No, we can't say that. It can happen and it has happened, but it's very, very rare. We don't know the exact numbers, however.
May 11th, 2010Committee meeting
Paula Kingston
Justice committee We had statistics from before the YCJA came into effect. In that case, even before the presumption against doing this, there were, at most, five a year. The law against that has been strengthened, and now that presumption, under the bill, will become a prohibition.
May 11th, 2010Committee meeting
Paula Kingston
Justice committee The provision in the amendment refers only to young people with adult sentences. Currently most youth get youth sentences, and the rule is that if they're under 18, they must serve that in a youth custody facility. We're only speaking about the possibility of those who get an adu
May 11th, 2010Committee meeting
Paula Kingston
Justice committee Yes, definitely.
May 11th, 2010Committee meeting
Paula Kingston
Justice committee That's right. This section—
May 11th, 2010Committee meeting
Paula Kingston
Justice committee In the current provisions on pretrial detention, they could only be kept separate and apart from adults, and only if a judge looks at that particular case and considers whether it would be in the young person's best interest. An example would be whether it would be in the young p
May 11th, 2010Committee meeting
Paula Kingston