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| Patrick Ducharme |
Notice Requirements: s. 64 of the YCJA
Section 64 of the Act provides the notice requirements. They are:
64(1) The Attorney General may, before evidence is called as to sentence or, if no evidence is called, before submissions are made as to sentence, make an application to the youth Justice court for an order that a young person is liable to an adult sentence if the young person is or has been found guilty of an offence for which an adult is liable to imprisonment for a term of more than two years and that was committed after the young person attained the age of fourteen years.
Obligation
Notice of intention to seek adult sentence — s. 64(2)
(2) If the Attorney General intends to seek an adult sentence for an offence by making an application under subsection (1), the Attorney General shall, before the young person enters a plea or with leave of the youth Justice court before the commencement of the trial, give notice to the young person and the youth Justice court of the intention to seek an adult sentence.
Included offences ss. 64(3)
(3) A notice of intention to seek an adult sentence given in respect of an offence is notice in respect of any included offence of which the young person is found guilty for which an adult is liable to imprisonment for a term of more than two years.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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