E/CN.4/2006/7/Add.2 page 10 sentencing circles, family group conferences, victim-offender reconciliation programmes, and victim-offender mediation. Some of the restorative justice programmes are derived from the traditional understanding and practice of justice of Canada’s Aboriginal communities, and are therefore particularly suited to carry out the mandate to pay special attention to the circumstances of Aboriginal offenders in section 718.2 (e).2 (c) Credit for pre-sentence custody 29. Section 719 (3) permits a sentencing judge to “take into account any time spent in custody by the person as a result of the offence”, but does not require it. According to the information gathered by the Working Group, sentencing judges usually give credit for pre-sentence custody (arising from denial of bail) towards a sentence of imprisonment subsequently imposed at a rate of two days of credit for each day of pre-sentence custody. The two-to-one rate is motivated by two main reasons: (a) benefits that lead to early release from imprisonment, such as remission and parole, do not attach to pre-sentence custody; and (b) generally, conditions are harsher during pre-sentence custody, e.g. with regard to visits and the availability of programmes for detainees. In the course of the last five years, sentencing judges have occasionally given “enhanced credit” for pre-sentence custody, i.e. at a rate of more than two-to-one, to account for particularly harsh conditions of pre-sentence custody. 4. Anti-terrorism legislation 30. The Working Group will not describe Canada’s criminal anti-terrorism legislation enacted after 11 September 2001 in this report, as that legislation is, according to both Government and civil society sources, basically unused insofar as its application would fall within the remit of the Working Group’s mandate. As extensively described below, Canada is combating international terrorism primarily through its immigration law. 5. Detention of minors 31. On 1 April 2003 the Youth Criminal Justice Act (YCJA) was proclaimed into force, replacing the Young Offenders Act (YOA). The YCJA is intended to address the concerns raised by the YOA, particularly the exceedingly high youth incarceration rate. 32. The YCJA applies to “young persons”, defined as accused who, at the time of the offence, were aged between 12 and 18 years. If charged with committing a criminal offence, a young person will appear in youth court. Provincial court judges sit as youth court judges. With regard to the criminal procedure, generally the Criminal Code applies. Special provisions apply with regard to unrepresented young persons, and to increase the protection of the privacy interests of parties. 33. The YCJA provides for a variety of measures that can be used by the police or the Crown attorney to deal with young persons without resorting to the formal youth justice system. Where a young person goes to trial and is found guilty, the court will have to decide whether to impose a youth sentence or an adult sentence. If the guilty finding concerns a so-called “presumptive