When a young person is found guilty of an offence under the Youth Criminal Justice Act (YCJA), the sentence they receive generally follows a distinct framework from adult sentencing. Rather than focusing primarily on the same sentencing ranges used for adults, the YCJA generally centres on proportionate accountability that reflects a young person's reduced maturity, alongside a general presumption against custody. This page explains that framework in general terms. It is general information only and does not replace advice from a lawyer about a specific sentencing decision.
The General Purpose of Youth Sentencing
The YCJA generally sets out that the purpose of youth sentencing is to hold a young person accountable through a just sanction that has meaningful consequences, while also promoting their rehabilitation and reintegration into society, so as to contribute to long-term protection of the public. This general framework is meant to balance genuine accountability with the recognition that most young people who offend can, and generally do, move past that behaviour with appropriate support, and that a sentence should not undermine their ability to do so.
Proportionate Accountability and Reduced Maturity
A central principle of youth sentencing is that a sentence should generally be proportionate to the seriousness of the offence and the degree of responsibility of the young person for that offence. At the same time, the YCJA generally directs courts to impose sentences that are consistent with a young person's greater dependency and reduced level of maturity compared to an adult. In practice, this generally means that the same offence, committed by a young person rather than an adult, will not automatically attract the same sentence, since the youth framework is built around a fundamentally different set of goals and considerations.
The YCJA also generally directs courts to consider the least restrictive sentence that would still be adequate to achieve the purposes of youth sentencing, and to consider all reasonable alternatives to custody, particularly for less serious matters. Sentences are also generally expected to encourage a young person to acknowledge the harm caused and to promote their reintegration into their family, school, and community wherever possible.
The General Presumption Against Custody
Unlike the adult system, where custody is a common outcome for many offences, the YCJA generally builds in a presumption against custody for young people. Custody is generally reserved for situations meeting specific criteria, such as offences involving violence, a young person's failure to comply with previous non-custodial sentences, particularly serious indictable offences combined with a relevant pattern of prior findings of guilt, or, in exceptional circumstances, other situations where the court concludes no non-custodial sentence would be adequate. Custody generally cannot be used as a substitute for appropriate child welfare, mental health, or other social supports a young person may need. A lawyer can advise on whether these criteria are likely to be met in a specific case, since this is a fact-sensitive determination.
Extrajudicial Sanctions as an Alternative
Before a case ever reaches formal sentencing, the YCJA generally encourages the use of extrajudicial measures and extrajudicial sanctions for less serious or first-time matters, allowing a young person to be held accountable outside the formal court process altogether. See young people accused of offences for a fuller explanation of how these tools generally work and when they are generally considered appropriate, since understanding them is an important part of understanding sentencing as a whole.
The General Range of Youth Sentences
Where a matter proceeds to a formal youth sentence, the YCJA generally provides a range of options distinct from adult sentencing, intended to let a court choose an outcome that is proportionate and appropriate to a young person's circumstances. These generally include:
- A reprimand, which is generally a formal warning from the court without further consequence
- An absolute or conditional discharge
- A fine, compensation, or an order to perform community service
- Probation, generally involving supervision and conditions in the community for a defined period
- An intensive support and supervision order, generally involving closer community-based supervision
- A deferred custody and supervision order, where a young person generally remains in the community under conditions, with custody generally following only if those conditions are not met
- A custody and supervision order, generally involving a period in custody followed by a period of supervised reintegration into the community
Which of these options is appropriate depends heavily on the seriousness of the offence, the young person's history, and the specific circumstances of the case. This is a general list rather than a guarantee of what any specific case will result in.
Custody and Supervision Orders
Where custody is imposed, the YCJA generally structures it as a custody and supervision order, meaning the sentence generally includes both a period in custody and a subsequent period of supervision in the community, rather than custody alone. This structure generally reflects the Act's continued emphasis on reintegration even where custody is found to be necessary, since the supervised community portion is generally intended to support a young person's transition back into ordinary life under appropriate conditions.
The specific structure and length of a custody and supervision order depends on the offence and the young person's circumstances. A lawyer can explain what is realistically being considered in a specific case rather than relying on general assumptions.
When an Adult Sentence May Be Considered
For a narrow category of very serious offences, the Crown may, in specific and generally uncommon circumstances, seek to have a young person sentenced as an adult rather than receiving a youth sentence, following a distinct process with its own procedural safeguards. Where this occurs, the general youth sentencing framework described on this page generally no longer applies in the same way, and other consequences, such as how the resulting record is treated, generally change as well. See how youth court works for more on this process.
Factors That Generally Influence a Youth Sentence
Beyond the general framework above, a sentencing court will generally consider factors specific to the young person and the offence, including the harm caused, any steps the young person has taken toward accountability or repairing that harm, their personal circumstances and any underlying needs, the availability of appropriate community resources, and any relevant prior history under the YCJA. Where relevant considerations specific to a young person's background exist, such as those addressed for adult offenders in the context of sentencing for Indigenous offenders, a court may also take those into account within the youth framework. General sentencing principles that apply across the criminal justice system can provide useful background, though the youth framework generally takes priority for anyone sentenced under the YCJA.
The Role of a Lawyer at Sentencing
A lawyer's role at the sentencing stage generally includes gathering and presenting information about the young person's circumstances, identifying and proposing appropriate non-custodial options where available, and, where custody is genuinely at issue, making sure the specific statutory criteria are properly considered before that outcome is imposed. Because the range of possible outcomes is broad and highly fact-specific, having a lawyer prepare thoroughly for a youth sentencing hearing generally matters a great deal.
Frequently Asked Questions
Is youth sentencing just a lighter version of adult sentencing?
Not exactly. It follows a distinct legal framework built around proportionate accountability that reflects a young person's reduced maturity, rather than simply reducing an adult sentence.
Will a young person go to custody for a first offence?
Generally unlikely for most first offences, given the general presumption against custody, though the answer depends heavily on the seriousness of the offence and the specific circumstances.
What is a custody and supervision order?
It is generally a youth custodial sentence structured to include both time in custody and a subsequent period of supervision in the community, rather than custody alone.
Can a young person get probation instead of custody?
Often, yes. Probation and other community-based options are generally considered before custody under the YCJA's presumption against custody.
Does an extrajudicial sanction count as a sentence?
No. An extrajudicial sanction is generally an alternative to formal court proceedings and does not generally result in a court-imposed sentence, though it does generally require the young person to accept responsibility.
Can a young person be sentenced as an adult?
In narrow, generally very serious circumstances and only through a specific process. This is uncommon and highly fact-specific.
Does a youth sentence affect a young person's record the same way as an adult sentence?
No. Youth records are generally treated differently, with specific, generally shorter access periods. See youth records for detail.