Criminal law

The sentence

How does the youth court determine an adolescent’s sentence?

When the Court of Quebec, Youth Division rules that an adolescent is guilty of an offence, it imposes one or more measures in response to his actions.

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 different from the ones given to adults. In the case of a very serious crime like murder, the youth court might impose an adult sentence, but only if no youth sentence is long enough to hold the youth accountable for the offence.

Is punishment the only goal of a sentence?

Although adolescents must face the consequences of their actions, punishment is not the law’s only goal. The main purpose of the sentence is to hold the youth accountable for the offence he committed. The sentence must be fair and proportional to the seriousness of the offence (for example, it is highly unlikely that David will be sentenced to a year of closed custody for a first-time offence of theft). It should also aim to rehabilitate and reintegrate the youth 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. The judge must also consider the youth sentences that have been imposed for similar offences in that region.

What factors are considered when determining a sentence?

In addition to the objectives listed above, the judge takes the following factors into account when determining a sentence:

• the degree to which the youth was involved in committing the offence;
  
  
• the harm caused to the victim, and particularly whether it was intentional or could have been foreseen;
  
  
• the compensation the adolescent has already made to the community or the victim for the harm caused;
  
  
• the time already spent in detention before sentencing;
  
  
• the youth’s prior record;
  
  
• any additional circumstances or other important facts that are relevant to the offence or to the adolescent’s life.

What kind of sentence can a youth court judge impose on an adolescent?

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

Some sentences allow the youth to maintain his freedom, which means they don’t involve custody. These might include a reprimand, fine, compensation, or volunteer work in the community. 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. Other sentences that can serve as alternatives to custody include participation in a support group, an intensive support and supervision program order, or a regular custody and supervision order, which includes attending a rehabilitation program.

To learn more, consult the Infosheet entitled 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” when making her decision. In theory, the provincial director (in Quebec, this is the Director of Youth Protection) writes the report. However, in practice, the report is actually prepared by one of the Director’s representatives, a youth worker. The youth worker conducts an interview with the adolescent and his parents and takes notes on what is discussed. The goal is to record any relevant information about the life circumstances of the youth. If possible, the youth worker also speaks with the victim about the offence. Once all pertinent information has been gathered, it is included in the report. The pre-sentence report must also contain information about any available rehabilitation or reintegration programs that might be relevant to the adolescent. The youth worker also suggests the measures that are most appropriate given the circumstances.

In addition, the judge can request a “conference”, which will also make recommendations. This group, which usually includes professionals, examines the circumstances surrounding the offence and learns about the adolescent’s situation. It then prepares recommendations for the judge to consider when making her decision.

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

To find out more, consult the Infosheet entitled The pre-sentence report: the name says it all!

Will the sentence imposed by the youth court result in a criminal record?

Many consequences flow from being found guilty in youth court, but the record that a young person gets is not like an adult criminal record. An important difference is that youth records are not accessible to the public. Only certain people are allowed by law to access this record and only during a limited period. To find out more, consult the Infosheet entitled 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 a summary offence (for example, shoplifting or simple possession of cannabis), the record will be closed after three years from the day the sentence is entirely completed. For an indictable offence (for example, breaking and entering or aggravated robbery), the youth must wait five years after completing his sentence before all records of the crime are erased.

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

The law states that an adolescent who refuses to comply with his sentence is committing a crime. For example, it is an offence to refuse to comply with any of the following sentences:

• a fine;
  
• compensation for damages (paying for damages);
  
• supervised community service;
  
• probation;
  
• an intensive support and supervision program;
  
• a non-residential support program.

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