Deferred custody and supervision order
General Principles
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.
[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]
- ↑ 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
Duration
- 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}}}