CROWN COUNSEL POLICY MANUAL

POLICY A serious violent offence determination under s.42(9) of the Youth Criminal Justice Act impacts sentence availability in both the case at bar and any future prosecutions against the young person. Crown Counsel are strongly encouraged to apply for serious violent offence determinations in respect of offences committed by young persons that cause or attempt to cause any hurt or injury, whether physical or psychological, that interferes in a substantial way with the physical or psychological integrity, health or wellbeing of the complainant. There may be exceptional cases which meet the above criteria but where an application for a serious violent offence determination is not in the public interest. Crown Counsel should discuss with Administrative Crown Counsel any decision not to make an application. Factors to consider include whether a deferred custody and supervision sentence is the most appropriate sentence in the circumstances of the case and whether the possibility of the young offender committing another offence which meets the criteria, is remote