Procedure for Sentencing Young Persons
General Principles
Where a young person pleads guilty, the judge must be satisfied under s. 36(1) that "the facts support the charge" before the judge can find the accused guilty.
Where the facts do not support the charge, then under s. 36(2), the judge must set the matter down for trial.
- Recommendation Conference
- Considerations Before Passing Sentence
- Considerations as to youth sentence
42 (1) A youth justice court shall, before imposing a youth sentence, consider any recommendations submitted under section 41 [recommendation of conference], any pre-sentence report, any representations made by the parties to the proceedings or their counsel or agents and by the parents of the young person, and any other relevant information before the court.
[omitted (2), (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
Youth Pre-Sentence Report
Reasons for Custody
- PART 4 Sentencing
- Purpose and Principles
- Committal to custody
39
[omitted (1), (2), (3), (4), (5), (6), (7) and (8)]
- Reasons
(9) If a youth justice court imposes a youth sentence that includes a custodial portion, the court shall state the reasons why it has determined that a non-custodial sentence is not adequate to achieve the purpose set out in subsection 38(1) [purpose of sentencing], including, if applicable, the reasons why the case is an exceptional case under paragraph (1)(d) [committal to custody — exceptional cases].
2002, c. 1, s. 39; 2012, c. 1, s. 173.
Duration and Timing of Sentences
42
[omitted (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12)]
- Coming into force of youth sentence
(12) A youth sentence or any part of it comes into force on the date on which it is imposed or on any later date that the youth justice court specifies.
[omitted (13)]
- Duration of youth sentence for a single offence
(14) No youth sentence, other than an order made under paragraph (2)(j), (n), (o), (q) or (r) [youth sentences – custody and supervision orders or IRCS's], shall continue in force for more than two years. If the youth sentence comprises more than one sanction imposed at the same time in respect of the same offence, the combined duration of the sanctions shall not exceed two years, unless the sentence includes a sanction under paragraph (2)(j), (n), (o), (q) or (r) [youth sentences – custody and supervision orders or IRCS's] that exceeds two years.
- Duration of youth sentence for different offences
(15) Subject to subsection (16), if more than one youth sentence is imposed under this section in respect of a young person with respect to different offences, the continuous combined duration of those youth sentences shall not exceed three years, except if one of the offences is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, in which case the continuous combined duration of those youth sentences shall not exceed ten years in the case of first degree murder, or seven years in the case of second degree murder.
- Duration of youth sentences made at different times
(16) If a youth sentence is imposed in respect of an offence committed by a young person after the commencement of, but before the completion of, any youth sentences imposed on the young person,
- (a) the duration of the sentence imposed in respect of the subsequent offence shall be determined in accordance with subsections (14) and (15);
- (b) the sentence may be served consecutively to the sentences imposed in respect of the previous offences; and
- (c) the combined duration of all the sentences may exceed three years and, if the offence is, or one of the previous offences was,
- (i) first degree murder within the meaning of section 231 of the Criminal Code [classification of murder], the continuous combined duration of the youth sentences may exceed ten years, or
- (ii) second degree murder within the meaning of section 231 of the Criminal Code [classification of murder], the continuous combined duration of the youth sentences may exceed seven years.
[omitted (17)]
2002, c. 1, s. 42; 2012, c. 1, s. 174.
Other Provisions re Sentencing
42
[omitted (1), (2), (3), (4), (5), (6), (7) and (8)]
(9) and (10) [Repealed, 2012, c. 1, s. 174]
- Inconsistency
(11) An order may not be made under paragraphs (2)(k) to (m) [probation, intensive support and supervision program or non-residential program] in respect of an offence for which a conditional discharge has been granted under paragraph (2)(c).
[omitted (12), (13), (14), (15) and (16)]
- Sentence continues when adult
(17) Subject to sections 89, 92 and 93 (provisions related to placement in adult facilities) of this Act and section 743.5 (transfer of jurisdiction) of the Criminal Code, a youth sentence imposed on a young person continues in effect in accordance with its terms after the young person becomes an adult.
2002, c. 1, s. 42; 2012, c. 1, s. 174.