Section 96 — Youth Criminal Justice Act: Recommendation of provincial director for conditional supervision of young person

When a young person is held in custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the provincial director may, if satisfied that the needs of the young person and the interests of society would be better served by doing so, make a recommendation to the youth justice court that the young person be released from custody and placed under conditional supervision. If the provincial director makes a recommendation, the provincial director shall cause a notice to be given in writing that includes the reasons for the recommendation and the conditions that the provincial director would recommend be set under section 105 to the young person, a parent of the young person and the Attorney General and give a copy of the notice to the youth justice court. If notice of a recommendation is made under subsection (2) with respect to a youth sentence imposed on a young person, the youth justice court shall, if an application for review is made by the young person, the young person’s parent or the Attorney General within ten days after service of the notice, review the youth sentence without delay. Subject to subsection (5), subsections 94(7) (no review of appeal pending), (9) to (12) (progress reports) and (14) to (19) (provisions respecting notice and decision of the youth justice court) apply, with any modifications that the circumstances require, in respect of reviews made under this section and any notice required under subsection 94(14) shall also be given to the provincial director. A youth justice court that receives a notice under subsection (2) shall, if no application for a review is made under subsection (3), order the release of the young person and place the young person under conditional supervision in accordance with section 105, having regard to the recommendations of the provincial director; or if the court considers it advisable, order that the young person not be released. For greater certainty, an order under this subsection may be made without a hearing. When a youth justice court orders that the young person not be released under paragraph (5)(b), it shall cause a notice of its order to be given to the provincial director without delay. When the provincial director is given a notice under subsection (6), he or she may request a review under this section. When the provincial director requests a review under subsection (7), 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; and the youth justice court shall review the youth sentence without delay after the notice required under paragraph (a) is given.