A review can be requested by the youth, the youth’s parents or guardians or the provincial director. The court, however, must have grounds or reasons for allowing a review to take place. A review is automatic after one year in cases involving custody.

Non Custody Sentence Reviews

Application to review a non custodial youth sentence can be made after 6 months after the date of the sentence (or at an earlier time with leave of a youth court judge), if the court is satisfied that there grounds for review.

Acceptable grounds include:

• circumstances that led to the youth sentence have changed materially;
• the young person is unable to comply, or facing serious difficulty in complying, with the terms of the sentence;
• the young person has contravened (breached) a condition of the order without reasonable excuse
• that the terms of the sentence are adversely affecting the opportunities available to the young person to obtain services, education or employments;
• any other grounds that the court considers appropriate.

Upon completion of the review, at which the court will hear from the young person, the parent or guardian of the young person, the Solicitor General or the provincial director, the court will decide to:

1. confirm the youth sentence
2. terminate the youth sentence and discharge the young person from any further obligation of the sentence;
3. vary the youth sentence or impose any new youth sentence under section 42, other than a committal to custody, for any period of time NOT exceeding the remainder of the period of the earlier sentence.

Custody Sentence Reviews (relating to sentences under section (42 (2) (n), (o), (r) and (q).

Application to review a custodial youth sentence is automatic after one year from the most recent sentence (or earliest sentence, in cases of multiple sentences) imposed. In addition to the above, application to review a custodial sentence can be made:

• when the youth sentence is for less than one year and can be brought forward once after the expiry of the greater of:
  • - 30 days after the date of the youth sentence imposed, and;
  • - 1/3 of the period of the youth sentence imposed.
• When the youth sentence is for a period exceeding one year, at any time after the date of the most recent sentence imposed.
• At any time with leave of the youth justice judge.