Long description for
Flowchart V: Presumptive Offence "b"

Youth is charged with a crime for which an adult is liable to over two years.

Youth has first appearance in court.

The charge is for Serious Violent Offence (SVO) and youth has two previous judicial determinations of SVO.

The crown may notice to seek adult sentence, and if the youth doesn't oppose adult sentencing, and is found guilty, they will be sentenced as an adult.

The crown may notice to seek judicial determination of serious violent offence and crown notice to seek adult sentence. Then comes plea, election and trial. If the youth is found guilty, the crown applies for a judicial determination of serious violent offence.

If the offence is NOT judicially determined to be an SVO, the crown can:

• Not apply for an adult sentence, in which case the youth will receive a youth sentence; or
• The crown can apply for an adult sentence under section 64(1) of the code

If the offence IS judicially determined to be an SVO:

• The crown can apply for an adult sentence
• The youth can apply for a youth sentence, and
  • the crown can notice they're not opposed, and the accused will receive a youth sentence; or
  • theere may be a hearing to determine if there will be a youth or adult sentence

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