Criminal law

Sentencing

How does the Youth Court determine an adolescent’s sentence?

When the Youth Court in Quebec finds an adolescent guilty of an offence, it imposes a sentence, or penalty.

While adults receive regular criminal sentences, the penalties imposed by the youth court are called “youth sentences”. These are orders that the adolescent must follow if he wants to avoid further charges.

Sentences imposed by the Youth Court are normally different from the ones given to adults. But for very serious crimes, especially murder, the Youth Court can impose an adult sentence. The court will only impose an adult sentence when there is no youth sentence long enough to hold the young person accountable for his actions.

Is punishment the only goal of a sentence?

Adolescents must face the consequences of their actions, but punishment is not the law’s only goal. The main purpose of the sentence is to promote a sense of responsibility.

The sentence must be fair and proportionate to the seriousness of the offence. (For example, it is highly unlikely David would be sentenced to a year of custody for a first-time offence of theft).

A sentence should also be the one most likely to rehabilitate and reintegrate the young person into society.

When a Youth Court judge imposes a sentence, she must keep in mind that the sentence shouldn’t be more severe than the sentence an adult would face in similar circumstances. Also, the sentence must be similar to other youth sentences imposed for similar offences in the same region.

What factors are considered when determining a sentence?

In addition to the objectives listed above, judges consider the following factors when determining a sentence:

• the degree to which the young person was involved in committing the offence
  
  
• the harm caused to the victim, and particularly whether it was intentional or could have been foreseen
  
  
• anything the adolescent has already done to repair harm to the community or the victim
  
  
• time already spent in detention before sentencing
  
  
• whether the young person has committed other offences in the past
  
  
• any other important facts relevant to the offence or to the adolescent’s life

What kind of sentences can a Youth Court judge impose?

The law offers a whole range of sentencing options, from a simple reprimand to custody. These can be combined with any other measures deemed necessary.

Some sentences allow the young person to avoid being taken into custody. These might include a reprimand, paying a fine or compensation, or doing volunteer work in the community.

Other sentences that can serve as alternatives to custody include participation in an intensive support and supervision program.

A custody sentence deprives the adolescent of his freedom. In some ways, it’s like an adult sentence of detention. The difference is that an adolescent will be sent to a Youth Protection facility rather than a prison or penitentiary.


To learn more, read the Infosheets Sentences Involving Custody and Carrying Out a Non-Custodial Sentence.

What tools can a Youth Court judge use in making a sentencing decision?

The judge can refer to what’s called a “pre-sentence report”. The report is prepared by a youth worker working for the Director of Youth Protection. (The Director is appointed by the government to look after the interests of children and adolescents.)

The youth worker interviews the adolescent and his parents and takes notes of any relevant information about the life circumstances of the young person. If possible, the youth worker also speaks with the victim. All this information is included in the report.

The pre-sentence report also contains information about any available rehabilitation or reintegration programs. The youth worker also makes suggestions about the most appropriate sentencing option.

In addition, the judge can request a “conference”, which will also make recommendations. This group, which usually includes professionals working with young people, examines the circumstances surrounding the offence and learns about the adolescent’s situation. It then makes recommendations to the judge about sentencing.

The judge is not bound to follow the recommendations of the pre-sentence report or the conference.The final decision is hers, but these tools are still good starting points.

To find out more, read the InfosheetThe Pre-Sentence Report: The Name Says It All!

Does a Youth Court sentence result in a criminal record?

Being found guilty in Youth Court has consequences, but a young person does not get an adult criminal record. Youth records are not accessible to the public. Only certain people are allowed to access these records and only during a limited period. If you want to learn more about this, read the Infosheet Your Private Life on Trial.


Also, a young person’s record will be destroyed after a certain period of time, once the sentence has been completed and if the adolescent does not re-offend. The general rule is that for less serious offences (for example, shoplifting or simple possession of cannabis), the record will be closed three years from the day the sentence is completed. For more serious offences (for example, breaking and entering), the young person must wait five years after completing his sentence before all records of the crime are erased.


If you want to know more, read the Infosheet: The Consequences of a Youth Record

What happens if the adolescent doesn’t complete the sentence?

In some cases, an adolescent who refuses to comply with a sentence is committing a crime. For example, it is an offence to refuse to comply with the following sentences:

• a fine
  
• paying compensation for damages
  
• supervised community service
  
• probation
  
• an intensive support and supervision program

Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professional.

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