Deferred Custody and Supervision Orders
| This page was last substantively updated or reviewed January 2020. (Rev. # 99478) |
General Principles
A deferred custody and supervision order (DCSO) under s. 42(2)(p) is akin to the conditional sentence in adult sentencing.[1]
- ↑ R v IA, 2022 ONCJ 490 (CanLII), at para 27
DCSO Pre-Conditions
42
[omitted (1), (2), (3) and (4)]
- Deferred custody and supervision order
(5) The court may make a deferred custody and supervision order under paragraph (2)(p) if
- (a) the young person is found guilty of an offence other than one in the commission of which a young person causes or attempts to cause serious bodily harm; and
- (b) it is consistent with the purpose and principles set out in section 38 and the restrictions on custody set out in section 39 [committal to custody].
[omitted (6), (7), (8), (9) and (10), (11), (12), (13), (14), (15), (16) and (17)]
2002, c. 1, s. 42; 2012, c. 1, s. 174; 2019, c. 25, s. 373.
A deferred custody order is similar to that of an adult conditional sentence in that it permits rehabiliation outside of true custody.[1]
Probation cannot run concurrently to a deferred custody order.[2]
Deferred custody cannot be ordered where full custody is not an available option.[3]
- Exceptional Circumstances Doctrine
There is some authority that says that cases that are presumptively ineligible under s. 42(5) can still be eligible under "exceptional cricumstances".[4]
- ↑ R v ESA (2003), 2003 CarswellAlta 628 (ABPC)(*no CanLII links)
- ↑ R v JRR (2003), 2003 CarswellBC 3242 (B.C. Prov. Ct.)(*no CanLII links)
- ↑ R v CDJ, 2005 ABCA 293 (CanLII), (2005), 2005 CarswellAlta 1309, per curiam
- ↑
R v QM, 2024 ABCA 221 (CanLII), at para 17, <https://canlii.ca/t/k5dcz#par17>
R v KC, 2011 ONCA 257 at paras 19-26
R v BS, 2017 MBCA 102 at para 10
R v PR, 2018 SKCA 27 at paras 78, 93, 103
DCSO Prohibition for Certain Violent Offences
Some courts suggest that a DCSO cannot be imposed under 42(2)(p) on account of being barred by s. 42(5) for causing or attempting "to cause serious bodily harm."[1]
- ↑
R v CZ, 2021 BCPC 25 (CanLII), at para 34
R v AW, 2021 ABPC 14 (CanLII), at para 69 R v NC, 2015 SKPC 79 (CanLII), per Daunt J, at para 11 contra R. v. A.A., 2013 BCCA 202 (CanLII),
Duration of DCSO
- Duration of order
42
[omitted (1)]
- Youth sentence
(2) When a youth justice court finds a young person guilty of an offence and is imposing a youth sentence, the court shall, subject to this section, impose any one of the following sanctions or any number of them that are not inconsistent with each other and, if the offence is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, the court shall impose a sanction set out in paragraph (q) or subparagraph (r)(ii) or (iii) and may impose any other of the sanctions set out in this subsection that the court considers appropriate:
...
- (p) subject to subsection (5), make a deferred custody and supervision order that is for a specified period not exceeding six months, subject to the conditions set out in subsection 105(2), and to any conditions set out in subsection 105(3) that the court considers appropriate;
...
–
{{{3}}}
Breach of DCSO
42
[omitted (1), (2), (3), (4) and (5)]
- Application of sections 106 to 109
(6) Sections 106 to 109 (suspension of conditional supervision) apply to a breach of a deferred custody and supervision order made under paragraph (2)(p) [youth sentences – deferred custody and supervision order] as if the breach were a breach of an order for conditional supervision made under subsection 105(1) [conditional supervision] and, for the purposes of sections 106 to 109 [suspension of conditional supervision], supervision under a deferred custody and supervision order is deemed to be conditional supervision.
[omitted (7), (8), (9), (10), (11), (12), (13), (14), (15), (16) and (17)]
2002, c. 1, s. 42; 2012, c. 1, s. 174.