Reports
The Youth Criminal Justice Act (YCJA), Section 34, describes the types of medical and psychological reports for forensic assessment. Consent of the young person is not required for any Section 34 assessment.
Section 34 (10) of the Act allows the Youth Justice Court to withhold portions of the Section 34 psychological and psychiatric assessment if disclosure would seriously impair the treatment or rehabilitation of the young person or result in serious psychological harm or endanger the life of another. The qualified person making the report must notify the Court of any concerns consistent with Section 34 (10).
Types of medical and psychological reports are as follows:
Release from Custody under Community Supervision
(Considering an Application under Section 33)
This evaluation entails assessment regarding the risk for serious criminal violent behaviour and whether the young person can be maintained in the care of a responsible person outside a detention centre. Detention may not be used as a substitute for appropriate mental health services or social or protection services.
Hearing - Adult Sentencing
Application under Section 71
This assessment requires a full evaluation of the maturity, character, background and psychological status of the young person, including a risk evaluation for future violent behaviour.
Making or Reviewing a Youth's Sentence
This assessment involves a full evaluation of the individual's background, character, maturity and social functioning, in addition to psychiatric and psychological status.
Continuation of Custody
Evaluation for Section 104 (1)
Section 104 requires an evaluation regarding risk for committing a serious violent offence within the time period defined by the youth sentence and an evaluation as to whether community treatment and supervision would substantially reduce the risk posed by a young person.
Conditional Supervision
Setting Conditions under Section 105(1) or Making an Order under Section 109(2)
This evaluation requires a full psychological and social assessment to assess risk of future criminal and/or violent behaviour, whether treatment or social interventions may reduce that risk and recommendations for appropriate conditions of conditional release.
Information About a Young Person
Disclosure under Subsection 127 (1)
This assessment involves a risk assessment to determine whether the young person poses a risk of serious harm to other persons, such that disclosure of information to specified members of the public may be required.
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