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Sentencing Options

Sentencing Options. Section 38. There are principles that must be considered when young people are sentenced. The main principle is to hold a young person accountable for his/her actions by imposing a sentence that is fair, meaningful and helpful to the process of rehabilitation.

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Sentencing Options

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  1. Sentencing Options

  2. Section 38 • There are principles that must be considered when young people are sentenced. • The main principle is to hold a young person accountable for his/her actions by imposing a sentence that is fair, meaningful and helpful to the process of rehabilitation. • Sentence must be proportionate to the crime and cannot be greater than the punishment an adult would receive for the same crime. • List of factors judge must consider on page 322.

  3. Pre-Sentence Report • Provides the judge with information about the offender, including school attendance, performance records, employment records, and the relationship the youth has with his/her parents. • The judge must consider all other sentencing options other than custody – especially when sentencing First Nations offenders. • Why??

  4. Youth Sentences • Community service – extra-judicial measures • Probation – allows young persons to live at home, but they must meet a number of requirements such as complying with a curfew, attending school regularly, getting professional counselling, appearing in court if required, remaining within a designated area, or performing work in the community. • Custody – usually means assignment to a group home, participation in a wilderness camp (open custody), or incarceration in a youth correctional facility. • The conditions are specified in the custody and supervision order. Requires the youth to complete 2/3 of their sentence in a controlled facility away from home; however time may be cut short for good behaviour.

  5. Youth Sentences • Secure Custody – removing the young person from the community and incarcerating the individual in a secure facility. These facilities vary greatly – could be a section in an adult jail or special facility. Some facilities offer the opportunity for education and counselling. • Youth Worker- someone appointed by the government to supervise the young person. Makes sure they follow the conditions of supervision (attend school, rehab program, finding employment, etc.)

  6. Adult Sentence • Must be over 14 • Will be imposed if the court does not feel a youth sentence will make an impact. • Will be placed in a youth facility until 18. • Court considers a number of factors: • Background • Seriousness of the offence • Age • Maturity • Character of the accused

  7. Records • Usually are destroyed from the police database after a certain period of time. • Certain people have access to a youth’s record – youth’s parents, police and people involved in the administration of the youth. Teachers and the school board can also be informed if the information is needed to ensure the youth adheres to the bail or probation requirements or to promote the safety of teachers and students. • Victims may also have some access to information about the youth who committed crimes against them.

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