Section 94 — Youth Criminal Justice Act: Annual review

When a young person is committed to custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r) for a period exceeding one year, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court without delay at the end of one year from the date of the most recent youth sentence imposed in respect of the offence — and at the end of every subsequent year from that date — and the youth justice court shall review the youth sentence. When a young person is committed to custody pursuant to youth sentences imposed under paragraph 42(2)(n), (o), (q) or (r) in respect of more than one offence for a total period exceeding one year, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court without delay at the end of one year from the date of the earliest youth sentence imposed — and at the end of every subsequent year from that date — and the youth justice court shall review the youth sentences. When a young person is committed to custody pursuant to a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) in respect of an offence, the provincial director may, on the provincial director’s own initiative, and shall, on the request of the young person, the young person’s parent or the Attorney General, on any of the grounds set out in subsection (6), cause the young person to be brought before a youth justice court to review the youth sentence, when the youth sentence is for a period not exceeding one year, once at any time after the expiry of the greater of thirty days after the date of the youth sentence imposed under subsection 42(2) in respect of the offence, and one third of the period of the youth sentence imposed under subsection 42(2) in respect of the offence; and when the youth sentence is for a period exceeding one year, at any time after six months after the date of the most recent youth sentence imposed in respect of the offence. The young person may be brought before the youth justice court at any other time, with leave of the youth justice court judge. If a youth justice court is satisfied that there are grounds for review under subsection (6), the court shall review the youth sentence. A youth sentence imposed in respect of a young person may be reviewed under subsection (5) on the ground that the young person has made sufficient progress to justify a change in the youth sentence; on the ground that the circumstances that led to the youth sentence have changed materially; on the ground that new services or programs are available that were not available at the time of the youth sentence; on the ground that the opportunities for rehabilitation are now greater in the community; or on any other ground that the youth justice court considers appropriate. Despite any other provision of this section, no review of a youth sentence in respect of which an appeal has been taken shall be made under this section until all proceedings in respect of any such appeal have been completed. When a provincial director is required under subsections (1) to (3) to cause a young person to be brought before the youth justice court and fails to do so, the youth justice court may, on application made by the young person, his or her parent or the Attorney General, or on its own motion, order the provincial director to cause the young person to be brought before the youth justice court. The youth justice court shall, before reviewing under this section a youth sentence imposed in respect of a young person, require the provincial director to cause to be prepared, and to submit to the youth justice court, a progress report on the performance of the young person since the youth sentence took effect. A person preparing a progress report in respect of a young person may include in the report any information relating to the personal and family history and present environment of the young person that he or she considers advisable. A progress report shall be in writing unless it cannot reasonably be committed to writing, in which case it may, with leave of the youth justice court, be submitted orally in court. Subsections 40(4) to (10) (procedures respecting pre-sentence reports) apply, with any modifications that the circumstances require, in respect of progress reports. When a youth sentence imposed in respect of a young person is to be reviewed under subsection (1) or (2), the provincial director shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General. When a review of a youth sentence imposed in respect of a young person is requested under subsection (3), the person requesting the review shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General. A notice given to a parent under subsection (13) or (14) shall include a statement that the young person whose youth sentence is to be reviewed has the right to be represented by counsel. A notice under subsection (13) or (14) may be served personally or may be sent by confirmed delivery service. Any of the persons entitled to notice under subsection (13) or (14) may waive the right to that notice. If notice under subsection (13) or (14) is not given in accordance with this section, the youth justice court may adjourn the proceedings and order that the notice be given in the manner and to the persons that it directs; or dispense with the notice if, in the opinion of the court, having regard to the circumstances, notice may be dispensed with. When a youth justice court reviews under this section a youth sentence imposed in respect of a young person, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard, having regard to the needs of the young person and the interests of society, confirm the youth sentence; release the young person from custody and place the young person under conditional supervision in accordance with the procedure set out in section 105, with any modifications that the circumstances require, for a period not exceeding the remainder of the youth sentence that the young person is then serving; or if the provincial director so recommends, convert a youth sentence under paragraph 42(2)(r) to a youth sentence under paragraph 42(2)(q) if the offence was murder or to a youth sentence under paragraph 42(2)(n) or (o), as the case may be, if the offence was an offence other than murder.