Dispositions for Young Offenders
| This page was last substantively updated or reviewed January 2020. (Rev. # 98826) |
General Principles
Section 42(2) sets out all youth sentences available to a sentencing judge:
- reprimand (42(2)(a))
- absolute discharge (42(2)(b))
- conditional discharge (42(2)(c))
- fine (42(2)(d))
- damages (42(2)(e))
- restitution (42(2)(f), (g))
- other compensation such as personal service (42(2)(h))
- community service (42(2)(i))
- prohibition, seizure or forfeiture orders, (42(2)(j))
- probation of two years or less (42(2)(k))
- intensive support or supervision program (42(2)(l))
- non-residential programs of no more than 6 months (42(2)(m))
- custody and supervision order (42(2)(n))
- custody and supervision order followed by a conditional supervision order (42(2)(o) and (q))
- deferred custody and supervision order (42(2)(p))
- intensive rehabilitative custody and supervision order (42(2)(r))
- any other reasonable and ancillary conditions (42(2)(s))
The section specifically states:
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:
- (a) reprimand the young person;
- (b) by order direct that the young person be discharged absolutely, if the court considers it to be in the best interests of the young person and not contrary to the public interest;
- (c) by order direct that the young person be discharged on any conditions imposed by the court in accordance with paragraph 38(2)(e.1) and may require the young person to report to and be supervised by the provincial director;
- (d) impose on the young person a fine not exceeding $1,000 to be paid at the time and on the terms that the court may fix;
- (e) order the young person to pay to any other person at the times and on the terms that the court may fix an amount by way of compensation for loss of or damage to property or for loss of income or support, or an amount for, in the Province of Quebec, pre-trial pecuniary loss or, in any other province, special damages, for personal injury arising from the commission of the offence if the value is readily ascertainable, but no order shall be made for other damages in the Province of Quebec or for general damages in any other province;
- (f) order the young person to make restitution to any other person of any property obtained by the young person as a result of the commission of the offence within the time that the court may fix, if the property is owned by the other person or was, at the time of the offence, in his or her lawful possession;
- (g) if property obtained as a result of the commission of the offence has been sold to an innocent purchaser, where restitution of the property to its owner or any other person has been made or ordered, order the young person to pay the purchaser, at the time and on the terms that the court may fix, an amount not exceeding the amount paid by the purchaser for the property;
- (h) subject to section 54, order the young person to compensate any person in kind or by way of personal services at the time and on the terms that the court may fix for any loss, damage or injury suffered by that person in respect of which an order may be made under paragraph (e) or (g);
- (i) subject to section 54, order the young person to perform a community service at the time and on the terms that the court may fix, and to report to and be supervised by the provincial director or a person designated by the youth justice court;
- (j) subject to section 51 (mandatory prohibition order), make any order of prohibition, seizure or forfeiture that may be imposed under any Act of Parliament or any regulation made under it if an accused is found guilty or convicted of that offence, other than an order under section 161 of the Criminal Code;
- (k) place the young person on probation in accordance with sections 55 and 56 (conditions and other matters related to probation orders) for a specified period not exceeding two years;
- (l) subject to subsection (3) (agreement of provincial director), order the young person into an intensive support and supervision program approved by the provincial director;
- (m) subject to subsection (3) (agreement of provincial director) and section 54, order the young person to attend a non-residential program approved by the provincial director, at the times and on the terms that the court may fix, for a maximum of two hundred and forty hours, over a period not exceeding six months;
- (n) make a custody and supervision order with respect to the young person, ordering that a period be served in custody and that a second period — which is one half as long as the first — be served, subject to sections 97 (conditions to be included) and 98 (continuation of custody), under supervision in the community subject to conditions, the total of the periods not to exceed two years from the date of the coming into force of the order or, if the young person is found guilty of an offence for which the punishment provided by the Criminal Code or any other Act of Parliament is imprisonment for life, three years from the date of coming into force of the order;
- (o) in the case of an offence set out in section 239 (attempt to commit murder), 232, 234 or 236 (manslaughter) or 273 (aggravated sexual assault) of the Criminal Code, make a custody and supervision order in respect of the young person for a specified period not exceeding three years from the date of committal that orders the young person to be committed into a continuous period of custody for the first portion of the sentence and, subject to subsection 104(1)(continuation of custody), to serve the remainder of the sentence under conditional supervision in the community in accordance with section 105;
- (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;
- (q) order the young person to serve a sentence not to exceed
- (i) in the case of first degree murder, ten years comprised of
- (A) a committal to custody, to be served continuously, for a period that must not, subject to subsection 104(1) (continuation of custody), exceed six years from the date of committal, and
- (B) a placement under conditional supervision to be served in the community in accordance with section 105, and
- (ii) in the case of second degree murder, seven years comprised of
- (A) a committal to custody, to be served continuously, for a period that must not, subject to subsection 104(1) (continuation of custody), exceed four years from the date of committal, and
- (B) a placement under conditional supervision to be served in the community in accordance with section 105;
- (r) subject to subsection (7), make an intensive rehabilitative custody and supervision order in respect of the young person
- (i) that is for a specified period that must not exceed
- (A) two years from the date of committal, or
- (B) if the young person is found guilty of an offence for which the punishment provided by the Criminal Code or any other Act of Parliament is imprisonment for life, three years from the date of committal,
- and that orders the young person to be committed into a continuous period of intensive rehabilitative custody for the first portion of the sentence and, subject to subsection 104(1) (continuation of custody), to serve the remainder under conditional supervision in the community in accordance with section 105,
- (ii) that is for a specified period that must not exceed, in the case of first degree murder, ten years from the date of committal, comprising
- (A) a committal to intensive rehabilitative custody, to be served continuously, for a period that must not exceed six years from the date of committal, and
- (B) subject to subsection 104(1) (continuation of custody), a placement under conditional supervision to be served in the community in accordance with section 105, and
- (iii) that is for a specified period that must not exceed, in the case of second degree murder, seven years from the date of committal, comprising
- (A) a committal to intensive rehabilitative custody, to be served continuously, for a period that must not exceed four years from the date of committal, and
- (B) subject to subsection 104(1) (continuation of custody), a placement under conditional supervision to be served in the community in accordance with section 105; and
- (s) impose on the young person, in accordance with paragraph 38(2)(e.1), any other conditions that the court considers appropriate.
[omitted (3), (4), (5), (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.
Reprimand
Section 42 permits a reprimand:
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:
- (a) reprimand the young person;
- [omitted (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r) and (s)]
[omitted (3), (4), (5), (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.
Discharges and Probation Orders
Deferred Custody
Intense Rehabilitative Custody and Supervision Order
Section 42(2)(r) permits the court to order an Intensive Rehabilitative Custody and Supervision Order (IRCS Order).
Section 42(7)(a) sets the prerequisites for a IRCS order:
42
[omitted (1), (2), (3), (4), (5) and (6)]
- Intensive rehabilitative custody and supervision order
(7) A youth justice court may make an intensive rehabilitative custody and supervision order under paragraph (2)(r) in respect of a young person only if
- (a) either
- (i) the young person has been found guilty of a serious violent offence, or
- (ii) the young person has been found guilty of an offence, in the commission of which the young person caused or attempted to cause serious bodily harm and for which an adult is liable to imprisonment for a term of more than two years, and the young person had previously been found guilty at least twice of such an offence;
- (b) the young person is suffering from a mental illness or disorder, a psychological disorder or an emotional disturbance;
- (c) a plan of treatment and intensive supervision has been developed for the young person, and there are reasonable grounds to believe that the plan might reduce the risk of the young person repeating the offence or committing a serious violent offence; and
- (d) the provincial director has determined that an intensive rehabilitative custody and supervision program is available and that the young person’s participation in the program is appropriate.
[omitted (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.
Custody and Supervision Order
Fines, Restitution and Community Service Orders for Young Offenders
Consecutive Sentences
Ancillary Orders
Under s. 51(1), weapons prohibition order under s. 109 also applies to young offenders. The duration of order is 2 years starting at the end of custody or upon issuing a non-custody sentence.(s. 51(2))