The election is given in cases where an adult could get five years or more in prison and in cases of murder (no matter whether an adult or youth sentence may be given (section 66 and 67). All trials take place in youth court, no matter which method of trial the youth selects.
The first process or scenario is where the crown prosecutor gives notice to the court that he or she intends to seek an adult sentence in a particular case. This process is for cases that do not involve a presumptive offence. The crown can seek an adult sentence in any case that involves a charge serious enough that an adult charged with the same offence could receive a sentence of over two years (see “c” above).
The crown (who is acting for the Attorney general) would give notice to the court and the young person that they intend to apply for an adult sentence (section 64(2)). This notice is given at the first appearance prior to the young person entering a plea. At this point, if the youth then gives notice that he or she will not oppose the adult sentence (section 64(5)), then the youth will receive an adult sentence if found guilty.
The case then moves to the plea stage. If a youth pleads guilty, the case goes to sentencing. If a youth pleads not guilty, the case moves to election, possible preliminary inquiry and trial. If the youth is found not guilty, a sentence would not be given. If the youth is found guilty, then the crown has to decide whether to apply for the adult sentence or not (section 64(1)). If the crown does not apply, then the young person receives a youth sentence.
If the crown does apply for the adult sentence, then the youth again has the opportunity to give notice (section 64(5)) that they will not oppose the adult sentence and an adult sentence will be given. If the youth does not give this notice, then there is a hearing to decide whether the youth should receive a youth or adult sentence (section71). Please see the Test for an Adult Sentence section on page 44 for details about how this process proceeds.