Criminal law

The sentence

What exactly happens when an adolescent’s sentence is reviewed?

“Sentence” is a legal term – it refers to the measure imposed by a court when an adolescent is found guilty of committing a crime. Such measures must always respect certain sentencing principles set out in the law. The “review of a sentence” is a judicial procedure that allows the court to reconsider one or more measures imposed on a youth.

It is important not to confuse the review of a sentence with an appeal, because these are two completely separate procedures. An appeal can be used when a person isn’t satisfied with a court’s decision. The appeal procedure is usually started right after the court has delivered its judgment. On the other hand, a review can only happen after the youth has already started to serve his sentence. For example, if a youth has been ordered to serve more than 12 months in custody, the law requires that his sentence be reviewed annually. The goal of the review is not to challenge the judgment – it just lets the court check whether the sentence is still appropriate given the young person’s needs and circumstances. The adolescent’s progress while in custody is one factor that is considered during review.

What sort of sentences can be reviewed?

There are three categories of sentences that can be reviewed.

First, there are sentences that involve a custodial phase of more than one year. Hugo’s sentence fits into this category. To find out more about custodial sentences, see the following Infosheet: Sentences involving custody.

Second, there are sentences that include custody for up to one year - for example, a sentence involving a six-month custodial phase.

Third, sentences without a custodial portion can also be reviewed. For example, sentences involving a fine or community service can be re-examined by a judge. However, unlike custodial sentences, there is no automatic annual review for these types of sentences, so specific conditions must be met before a review will be allowed.

When can a sentence be reviewed?

This depends on the type of sentence:

• If the sentence includes a custodial portion of more than one year, the provincial director (in Quebec, the Director of Youth Protection) must bring the adolescent before the court each year for a review of his sentence. The process is automatic – you just have to wait for a certain amount of time to go by. This is what is happening in Hugo’s case. Aside from this, the adolescent, his parents, the Crown attorney, or the provincial director are allowed to request a review once six months have passed since the sentence. The sentence can also be reviewed during the year upon request, with the court’s permission;
  
  
• If the sentence involves custody for a period of over one year, the adolescent cannot request a review until he has served 30 days or one-third of his custodial sentence. If there are reasons to request a review during the year, the sentence can be examined at any time with the court’s permission;
  
  
• As for sentences that do not involve custody, they can be reviewed six months after sentencing. If you want a review before the six months are up, you have to get the permission of a judge. This request can be made by the youth, his parents, the Crown attorney, or the provincial director. The court will only review the sentence if there exist grounds (reasons) that are considered acceptable by law. Keep reading to find out more about these accepted grounds - the question is dealt with below.

Are you finding these details a little complicated? Just remember that the sentence will be automatically reviewed on a yearly basis if it involves custody for more than a year. Otherwise, the sentence can be re-examined earlier if a request is made and if there are reasons for making it.

If a sentence is appealed, it is impossible to conduct a review until the appeal process is over.

What sort of reasons might justify a review?

In cases that don’t involve an automatic annual review, a request for review must be made for specific reasons set out in the law. There are many valid reasons for requesting a review if a youth has been placed in custody. Here are just a few:

• The adolescent has made enough progress to justify changing the sentence. Here, the court would look at the types of activities the adolescent has undertaken during custody, such as completing his high school diploma. The court can also consider whether the adolescent is demonstrating greater maturity or an improved attitude. The adolescent’s progress is recorded in an evaluation report that is usually prepared by staff at the youth center;
  
  
• There has been a change in the circumstances that led up to the first sentence;
  
  
• The adolescent now has access to new services and programs that did not exist at the time of the sentence - for example, a new rehabilitation program has been developed.

If the sentence does not involve custody, the reasons are just a little different. The accepted reasons include the following:

• There has been a change in the circumstances that led to the first sentence;
  
  
• The adolescent is unable to comply with the sentence or is having a very hard time doing so. For example, a review can be requested if the adolescent can no longer go to the school he was ordered to attend because he has moved to another city;
  
  
• The conditions of a probation order or an order for intensive support and supervision have not been respected.

Finally, the court can consider any other reasons it finds appropriate (this is true for both custodial and non-custodial sentences). Remember, the goal of a review is to encourage adolescents who are ready to get back into society to do so as quickly as possible.

Will the sentence be reviewed by the judge who handed it down in the first place?

When it comes time for review, Hugo might find himself before the same judge, but this is not necessarily the case. In fact, all the judges in youth court have the authority to perform a review. The court will usually try to assign the review to the same judge who handed down the sentence, but another judge can do it if need be.

Both situations have their benefits - the first judge has the advantage of being familiar with the file, while another judge might view the file in a new light.

What exactly happens during the review process?

First, as explained above, the adolescent is brought before the court, in the presence of his lawyer. The judge is given an evaluation report that explains the current situation of the youth or any other reasons for the review. Afterwards, the court can draw its own conclusions when it hears from the youth himself, as well as from his parents. The court also considers the evidence and arguments put forth by the Crown attorney and a representative of the provincial director.

What sort of decision might the judge make following the review process?

Once the judge has weighed the adolescent’s needs against the interests of society, the court can choose to do the following:

• confirm its initial decision, which means that the sentence will not be changed;
  
  
• cancel the remainder of the sentence;
  
  
• change the sentence or impose a new one (if the sentence involves custody, the new custodial phase can’t be longer than whatever was left to serve under the old sentence);
  
  
• release the adolescent under certain conditions, for a period that does not exceed whatever sentence he still had left to serve;
  
  
• change the sentence from supervision within an intensive rehabilitation program to a sentence of custody.

The new sentence can never, without the youth’s consent, be more severe than the original one.

To learn more about the different types of sentences, consult the following Infosheets: Sentencing and Sentences involving custody.

Why does the law allow adolescents to have their sentences reviewed?

The law allows youth sentences to be reviewed in order to recognize the adolescent’s progress since the sentence, and to encourage him to stay on the right track.

By allowing an adolescent’s sentence to be adapted to his behaviour and situation, the review process respects the principles of sentencing, which aim to encourage rehabilitation and reintegration into society. The review process definitely has advantages for the youth, but it also benefits society in general.

The youth’s progress will be determined by considering his degree of accountability (i.e. whether he is taking responsibility for his actions), his desire to repair the damage he caused, and the results of any therapy he has received.