Enacted in , the CJA establishes a comprehensive system for appointing and compensating legal representation for accused persons who are financially unable to retain counsel in federal criminal proceedings. These regulations have been issued by the Director of the Administrative Office of the U. Courts for the appointment and compensation of counsel and guardians ad litem in international prisoner transfer proceedings. These materials were reconfigured in as part of a Guide Redesign Project.
Marginal note: New youth sentence not to be more onerous. Marginal note: Exception — paragraph 2 c. Marginal note: Provisions applicable to youth sentences on review. Marginal note: Application by Attorney General. Marginal note: Notice of intention to seek adult sentence. You have the option to elect to be tried by a youth justice court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury.
If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried? You have the option to elect to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth justice court without a jury and without a preliminary inquiry; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court without a jury; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court with a jury.
If you elect to be tried by a judge without a jury or by a judge, acting as a youth justice court, with a jury or if you are deemed to have elected to be tried by a judge, acting as a youth justice court, with a jury, you will have a preliminary inquiry only if you or the prosecutor requests one. Marginal note: Mode of trial where co-accused are young persons.
Marginal note: Attorney General may require trial by jury. Marginal note: Preliminary inquiry if two or more accused. Marginal note: When no request for preliminary inquiry. Marginal note: Preliminary inquiry provisions of Criminal Code. Both parties and the parents of the young person shall be given an opportunity to be heard at the hearing.
Marginal note: Court must impose adult sentence. Marginal note: Court must impose youth sentence. Marginal note: Finding of guilt becomes a conviction. Marginal note: Placement when subject to adult sentence. Marginal note: Young person under age of Marginal note: Obligation to inform — parole. Marginal note: If person convicted under another Act.
Marginal note: If person who is serving a sentence under another Act is sentenced to an adult sentence. Marginal note: Procedure for application or notice. Marginal note: Effect of absolute discharge or termination of youth sentence.
Marginal note: Finding of guilt not a previous conviction. Marginal note: Young person to be held apart from adults. Marginal note: Designation of youth custody facilities. Marginal note: Provincial director to specify custody level — committal to custody. Marginal note: Provincial director to specify custody level — transfer.
Marginal note: Placement and transfer at appropriate level. Marginal note: Functions to be exercised by youth justice court. The following provisions of that Act apply, with any modifications that the circumstances require, to the exercise of those powers:.
Marginal note: Exception if young person is twenty years old or older. Marginal note: If serving youth sentence in a provincial correctional facility. Marginal note: Role of youth worker when young person in the community. Marginal note: Renewal of reintegration leave. Marginal note: Arrest and return to custody. Marginal note: Placement when adult and youth sentences.
Marginal note: Youth sentence and adult sentence. Marginal note: When young person reaches twenty years of age. Marginal note: Youth justice court may order appearance of young person for review. Marginal note: Additional information in progress report. Marginal note: Subsections 40 4 to 10 to apply. Marginal note: Notice of review from provincial director. Marginal note: Notice of review from person requesting it.
Marginal note: Recommendation of provincial director for conditional supervision of young person. Marginal note: Application to court for review of recommendation. Marginal note: Subsections 94 7 , 9 to 12 and 14 to 19 apply. Marginal note: If no application for review made under subsection 3. For greater certainty, an order under this subsection may be made without a hearing. Marginal note: Notice when no release ordered.
Marginal note: Provincial director may request review. Marginal note: When provincial director requests a review. Marginal note: Conditions to be included in custody and supervision order.
The provincial director shall, in setting the conditions, take into account the needs of the young person, the most effective programs for the young person in order to maximize his or her chances for reintegration into the community, the nature of the offence and the ability of the young person to comply with the conditions. Marginal note: Application for continuation of custody.
Marginal note: Review of youth justice court decision. Marginal note: Extension of time to make application. Marginal note: Review by youth justice court. Marginal note: Youth justice court to order appearance of young person. Marginal note: Conditions to be included in order.
Marginal note: Conditions to be set at first opportunity. Marginal note: Suspension of conditional supervision. Marginal note: Requirement to bring before provincial director. Marginal note: Release or remand in custody. Marginal note: Review by provincial director. Marginal note: Custody and supervision order.
Marginal note: Identity of offender not to be published. Marginal note: Ex parte application for leave to publish. Marginal note: Application for leave to publish. Marginal note: Identity of victim or witness not to be published. Marginal note: Identification of Criminals Act applies.
Marginal note: Youth justice court, review board and other courts. If the young person is found guilty of the offence, the police force shall provide the record. The record shall be dealt with as a record of an adult and, for the purposes of the Criminal Records Act , the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction. Marginal note: Persons having access to records. Marginal note: Prohibition orders not included.
Marginal note: Records of assessments or forensic DNA analysis. Marginal note: Disclosures for research or statistical purposes.
Marginal note: Records of offences that result in a prohibition order. Marginal note: Access for identification purposes. Marginal note: Subsequent offences as young person. Marginal note: Disclosure for research or statistical purposes. Marginal note: Subsequent offences as adult. Marginal note: Disclosure of information and copies of record.
Marginal note: Where records may be made available. Marginal note: Restriction for paragraph 1 a. Marginal note: Access to record by young person.
Marginal note: Disclosure by peace officer during investigation. Marginal note: Disclosure by Attorney General. Marginal note: Information that may be disclosed to a foreign state. The Minister of Justice of Canada may disclose the information to the foreign state in respect of which the request was made, or to which the extradition matter relates, as the case may be.
Marginal note: Disclosure to insurance company. Marginal note: Information to be kept separate. Marginal note: Records in the custody, etc. Marginal note: Ex parte application. Marginal note: Effect of end of access periods. Marginal note: Disposal of R. Definition of destroy. However, employees of law enforcement agencies or U. If at any time after the appointment, counsel obtains information that a client is financially able to make payment, in whole or in part, for legal or other services in connection with the client's representation, and the source of the attorney's information is not protected as a privileged communication, the counsel will advise the court.
A person is considered "financially unable to obtain counsel" within the meaning of the CJA [18 U. In determining whether such insufficiency exists, consideration should be given to:. Any doubts as to a person's eligibility should be resolved in the person's favor; erroneous determinations of eligibility may be corrected at a later time. At the time of determining eligibility, the court or U. Partial Eligibility [ Guide , Vol.
If a person's net financial resources and income anticipated prior to trial are in excess of the amount needed to provide the person and that person's dependents with the necessities of life and to provide the defendant's release on bond, but are insufficient to pay fully for retained counsel, the judicial officer should find the person eligible for the appointment of counsel under the CJA and should direct the person to pay the available excess funds to the clerk of the court at the time of such appointment or from time to time thereafter.
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