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SJPA, r. 2 - Extrajudicial sanctions program authorized by the Minister of Justice and the Minister of Health and Social Services
Section 5
Disposition versions
5. [Criminal and penal prosecuting attorney] A criminal and penal prosecuting attorney who considers that there is sufficient evidence to proceed with the prosecution of the offence, subject to sections 6 and 7,
(a) must refer the case to the provincial director if the offence or situation is listed in Chapter IV; and
(b) may authorize the prosecution of the young person or refer the case to the provincial director if the offence or situation is not listed in Chapter IV.
When referring a case to the provincial director, the criminal and penal prosecuting attorney must indicate the date on which the offence will become prescribed, and the recall date for the case.
The recall date is the date already set for another case concerning the same young person, or the earlier of
— 2 months from the decision of the criminal and penal prosecuting attorney, and
— 2 weeks before the date on which the offence becomes prescribed.
In force: 2020-12-09
5. [Criminal and penal prosecuting attorney] A criminal and penal prosecuting attorney who considers that there is sufficient evidence to proceed with the prosecution of the offence, subject to sections 6 and 7,
(a) must refer the case to the provincial director if the offence or situation is listed in Chapter IV; and
(b) may authorize the prosecution of the young person or refer the case to the provincial director if the offence or situation is not listed in Chapter IV.
When referring a case to the provincial director, the criminal and penal prosecuting attorney must indicate the date on which the offence will become prescribed, and the recall date for the case.
The recall date is the date already set for another case concerning the same young person, or the earlier of
— 2 months from the decision of the criminal and penal prosecuting attorney, and
— 2 weeks before the date on which the offence becomes prescribed.
