Sentencing under the YCJA

Question 1

Define judge considerations in youth sentencing.

Answer 1

Needs and circumstances of each youth considered by the judge when determining sentencing

Question 2

What is absolute discharge, when can it be granted, and what happens in the accused is found guilty of another offence following the discharge?

Answer 2

The youth was found guilty but was not convicted

May be given for first-time offences that are relatively minor

If found guilty of another offence, the judge will be informed of previous discharges in the pre-sentence report

Question 3

What are the 11 main judge considerations when sentencing a youth?

Answer 3

1. Public safety
2. The extent to which the youth participated in the offence
3. The severity of the offence
4. Reparations that the youth has made to the victim
5. Other crimes that the youth committed
6. Victim impact statement
7. Pre-sentence report made by a youth court worker (probation officer, social worker)
8. The needs of the community
9. The offender’s attitude towards the offence (remorse or lack thereof)
10. The offender’s medical or psychiatric profile
11. The sentence must help the youth take responsibility for breaking the law

Question 4

What are fines and compensation, and what does this sentence entail?

Answer 4

The judge orders the youth to pay the fine

As per provincial and municipal legislation, youths may be fined up to $1000 for summary offences

The judge must consider the offender’s ability to pay the fine as it must be paid by them, NOT their parents

The youth may ask the court to extend the payment deadline if they do not earn money or have savings

The judge may combine fines with other sentences (e.g. probation, community service)

The youth may be required to pay monetary compensation to the victim, make up for any damages to property, or make up for lost income caused by the offence

Question 5

What is probation, and what does this sentence entail?

Answer 5

Youth offenders must comply with the conditions of probation (e.g. meetings with a probation officer, curfew)

The youth will be placed under the supervision of a probation officer for up to 2 years

There are no limits to the number of conditions a probation order can contain

The youth must stay out of trouble while on probation

Question 6

What is custody?

Answer 6

Confinement within a controlled facility, typically adopted as punishment for more serious offences

Question 7

Differentiate between custody and supervision order, open, and secure custody.

Answer 7

Custody and supervision order: youth is required to serve 2/3 of a sentence in a controlled facility away from home and the remaining 1/3 in the community

Open custody: youth is required to stay in a group home, obey house rules, and they can continue to attend school in the community where the home is located

Secure custody: incarcerates a young criminal in a special youth facility – if they turn 18 while in custody, correctional officers may apply to move the youth to an adult facility to serve the rest of their sentence

Question 8

What is personal and community service, and when might they be adopted as a sentence?

Answer 8

The judge orders the youth to work for the victim if the victim agrees, or to complete a sum of community service hours

For youth offenders who cannot afford to pay fines or compensation

To have youth offenders give back to the community