Youth Criminal Justice Act (S.C. 2002, c. 1)

Marginal note:Application for release from or detention in custody

• 33. (1) If an order is made under section 515 (judicial interim release) of the Criminal Code in respect of a young person by a justice who is not a youth justice court judge, an application may, at any time after the order is made, be made to a youth justice court for the release from or detention in custody of the young person, as the case may be, and the youth justice court shall hear the matter as an original application.

• Marginal note:Notice to prosecutor

  (2) An application under subsection (1) for release from custody shall not be heard unless the young person has given the prosecutor at least two clear days notice in writing of the application.

• Marginal note:Notice to young person

  (3) An application under subsection (1) for detention in custody shall not be heard unless the prosecutor has given the young person at least two clear days notice in writing of the application.

• Marginal note:Waiver of notice

  (4) The requirement for notice under subsection (2) or (3) may be waived by the prosecutor or by the young person or his or her counsel, as the case may be.

• Marginal note:Application for review under section 520 or 521 of Criminal Code

  (5) An application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth justice court judge who is a judge of a superior court shall be made to a judge of the court of appeal.

• Marginal note:Nunavut

  (6) Despite subsection (5), an application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth justice court judge who is a judge of the Nunavut Court of Justice shall be made to a judge of that court.

• Marginal note:No review

  (7) No application may be made under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a justice who is not a youth justice court judge.

• Marginal note:Interim release by youth justice court judge only

  (8) If a young person against whom proceedings have been taken under this Act is charged with an offence referred to in section 522 of the Criminal Code, a youth justice court judge, but no other court, judge or justice, may release the young person from custody under that section.

• Marginal note:Review by court of appeal

  (9) A decision made by a youth justice court judge under subsection (8) may be reviewed in accordance with section 680 of the Criminal Code and that section applies, with any modifications that the circumstances require, to any decision so made.