Custodial/Non-Custodial Options

The Youth Criminal Justice Act contains non-custodial sentencing options that are not available to adults. State each of these options and argue whether or not they are appropriate for youths and not for adults.
Sentencing Option 42 (2) (a) Sentencing option 42(2) under the Youth Criminal Justice Act is to reprimand the young person. Reprimand is a severe reproof or rebuke in this case by a person of authority.
-This option is appropriate for the youth than it is for the adults for many reasons. Youths under the age of 18 are still developing in the mind and are not yet as focused as an adult would be otherwise in life and think less of the future and live within the moment thinking that these situations don’t mean anything for their future. Therefore commit these minor crimes which majority of the time are first timers anyways, so they yet don’t have the experience of life.
-As in the case of the adults, reprimands would be a good thing, but the only thing opposing to that would be their age. Being over 18 just automatically makes you more aware of your actions, you generally mature up once you reach that age and you realize that the difference between right or wrong. If a person shoplifts past the age of 18, he most likely had done it in the past and will continue to do it in the future if not caught. Although majority of the time, a first time shoplifter is only warned, it still marks their name with a bad note for future job hunting.

Sentencing Option 42 (2)(b) When a young person is found guilty, through a youth justice court, the judge may refer to section 42(2)(b) under the Youth Criminal Justice Act. Under section 42(2) (b) a young person, when guilt is found, may be discharged absolutely. This discharge is dependent on the best interest of the young offender without being in contrast with the best interests of the public. An absolute discharge, under section 42(2) (b), in accordance with 82(2), constitutes a termination of the sentence of a young person in respect of an offence in which a young person is found guilty. As opposed to conditional discharges, absolute discharges do not carry sanctions of probation or any other condition that the court may find appropriate (fair sanctions with meaningful consequences)

-This option could work both ways, in all fairness this option should be offered to both youth and adults. Reason being is that both of these groups always tend to have an offender who admits to his/her mistake and are first time offenders
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Sentencing Option 42 (2)(c) Sentencing option 42 (2) c under the Youth Criminal Justice act states that a convicted young offender can be discharged on any conditions the court decides to be appropriate. This may require the young offender to report to and be supervised by the provincial director. Conditions for a discharge might also include undergoing counselling, doing community service work or donation to a charity. Once the duration of the discharge has passed and the conditions of the probation have been successfully followed, the discharge becomes absolute, i.e., the youth will not be viewed as the offender although the record can be used for three years after finding of guilt in the event that there is a subsequent conviction. However, if the young person fails to abide by the conditions of probation, the offender can be convicted of the original offence and be sentenced.

-Conditional discharge is appropriate for both the youth and the adults, but mainly so for the youth if the crime is a minor one and so they don’t have to experience the custody settings which are for the more severe of punishments.

Sentencing Options 42(2)(c) If a young person is found guilty, "By order direct that the young person be discharged on any conditions that the court considers appropriate and may require the young person to report to and be supervised by the provincial director". As an order under conditional release, the young offender is required to follow certain rules set out by a probation order for a specific length of time; when the time duration has passed, the release becomes absolute. The considerations for conditional discharge must be in the best interest of the offender and not contrary to public interest. The purpose of this section is to reduce the rate of incarceration of young people and promote rehabilitation and reintegration into society. If any condition is violated by the young offender, they will be required to appear in front of the court again at which point they may be incarcerated. Examples of conditions placed on the young offender are as follows: * Abstain from alcohol or drug use * Abstain from owning, possessing or carrying a weapon * Perform community service * Participate in a treatment program

Sentencing Options 42(2)(d) If a young person is found guilty of an offence in a youth justice court, the judge may impose a sentence under section 42 of the Youth Criminal Justice Act (YCJA). The purpose of sentencing under the YCJA “is to hold a young person accountable for an offence by imposing fair sanctions with meaningful consequences.” Under section 42(2)(d) it states that a young offender may not have a fine against them exceeding $1000 to be paid at the time and on the terms that the court may fix. This entails that the courts must have regard to the means of how the young offender will pay, as well as the ability for the young offender to be granted more time to complete the sentence. The offender then has the following options, he or she may be ordered to pay a victim fine surcharge (up to 15%) which contributes to assisting the victims of the crime. Or, the province may establish a program under which the young offender can discharge a fine under para, the percentage imposed under s53 (1) or Victim fine surcharge under s 53(2) which is only attainable by earning credits for work in the program of the province the young offender resides.
-Not all adults are always able to pay the fines which are over 1000$ and if they are charged more than that amount, it does make their life all that sour and might force them into another crime just to make up for that money. Although it’s obviously wrong to do, but at a time of desperation, people think less of the law. This sentence option should be available to both the youths and some adults, looking at their situation and life situations.
-Many criminals lives are in the hands of the judges, who loose nothing and gain nothing by sentencing therefore must be really careful on who’s life they can change and who’s life they can improve and who’s life they can destroy.
-This option is good for the youths under the age of 18 because ofcourse first off for the reason that majority cannot afford much more and this responsibility of paying a fine less than 1000$ is something which might put some sense into their heads for future crimes.

Sentencing Options 42 (2)(e) Section 42(2)(e) under the Youth Criminal Justice Act states that the young person must pay to the other person at the time/terms that the court fixes the amount of compensation due to loss of income/support, damage of property etc.
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Sentencing Options 42(2)(h) Section 42 (2) (h) under the Youth Criminal Justice Act is a non- custodial sentencing option that states that the Youth Justice Court (YJC) may order a young offender to compensate the victim in kind or by personal service for a damage, loss, or injury suffered. Under 42 (2) (h), an order may be made under section 42 (2) (g) where the young offender is to monetarily compensate the purchaser of a stolen property since the stolen property had to be returned to the owner, or section 42 (2) (e) where the young offender is to monetarily compensate the victim for personal injury or property that was damaged. The YJC may arrange the times and terms of compensation that is ordered. However, the compensation must not conflict with the young offender’s regular schedule of education and work. The order to provide personal service to the victim can be assigned for any amount of hours but is limited up to 240 hours. The hours of service ordered can be completed within one year from the date which the sentencing option was ordered; however the YJC may allow an extension of time to fully complete the sentence, on application of the young offender. Although the YJC may order the young offender to compensate the victim by providing personal service, the consent of the compensated is required.

Sentencing Options 42(2)(i) In the Youth Criminal Justice Act, under Sentencing options 42 (2) (i), the court has the option to order a young person to complete community service for a punishment. The amount of community service must not go beyond 240 hours of service which can be completed within 12 months. The community service must be approved by the provincial director of the youth justice court or a person designated by the youth justice court. The purpose of sentencing under section 42 is to protect society by holding the young person accountable for their actions by giving the right amount of punishment which can promote his or her rehabilitation and reintegration into society. This type of sentencing is a non custodial sentencing option which is the goal of the Youth Criminal Justice act to not rely on the over use of incarceration for non violent youths. It also gives out different options which can be costumed to different individual cases that can give out the best solution possible. These are the innovations that were created due to the Youth Criminal Justice Act, it helps youth to get the best rehabilitation to continue on their lives in society.

Sentencing Options 42(2)(k) Section 42(2)(k) under the Youth Criminal Justice Act, allows a young person to be placed on Probation (as specified by conditions and other matters related to probation orders under sections 55 and 56) for a specified period of time not exceeding two years. Orders may range from being supervised by the provincial director; remain within the territorial jurisdiction of one or more courts; attending school; or having to reside at a place specified by the provincial director. The Youth Justice Court prescribes these conditions as an order so the young person will learn to be of good behaviour and appear before the youth justice court when required to do so.
Probation is the sentence most frequently imposed by youth justice courts in Canada, as the conditions laid out are directly related to the young offenders criminal behaviour. This helps the offender to see the harm caused by their actions to the society and victims, and why they should not commit such crimes again. If a young offender fails to comply with the probation order, they can possibly be charged with breach of probation. But YCJA does not require the charges be laid; rather, it states that an alternative approach is recommended. Such as a review of probation orders thus providing an opportunity to make changes to conditions that can be more effective in promoting the rehabilitation and reintegration of the young person.

There are two reasoning’s:
One is that because of their youth, young people may need special procedural protections within the criminal justice system and two, because of their level of development and maturity, criminal behaviour may be less ingrained and easier to correct with proper support and supervision.
“The broad objectives of the YCJA include preventing youth crime, ensuring meaningful consequences, and rehabilitating and reintegrating young persons into society.
The most serious punishments should be reserved for the most serious crimes, and youth incarceration should be reduced.
Under the YCJA, the purpose of sentencing is to hold a young person accountable for an offence by imposing fair sanctions with meaningful consequences. The sentence should be the least restrictive option that still holds the young person accountable and will contribute to their rehabilitation. Sentencing a young person to custody is considered a LAST resort.
There are a number of sentencing options available to the Youth Justice Court. Many of these options do not involve a custodial sentence. In fact, under the Act, the use of custodial sentences is prohibited unless you have... * Committed a violent offence * Failed to comply with non-custodial orders * Committed a serious (indictable) offence and have a pattern of offending behaviour * Committed a serious (indictable) offence and there are other aggravating circumstances that call for a custodial sentence
Non-Custodial sentencing options include: * Reprimands * Discharges * Restitution * Compensation orders

* * Community service * Prohibition orders * Probation

For most offences, the maximum length of a custody and supervisor order is two years.
More Serious offences, other than murder, that carry a maximum life sentence for adults have a three year maximum under the YCJA.
The maximum length of a custody and supervision order for the offence of first-degree murder is TEN years: 2nd Degree murder carries a maximum of SEVEN years.
“Custodial sentences of over one year are reviewed annually. Optional reviews can be requested at other times where, for example, you have made significant progress or opportunities for rehabilitation in the community expand.
Under the YCJA, all periods of custody are followed by a period of supervision in the community. If you receive a custody and supervision order you will generally serve the first 2/3 of your sentence iin custody, and the last 1/3 under superviisiion iin the communiity.

Adult Sentences:
A young person who is 14 years or older may receive an adult sentence if they…
• commit a very serious crime such as murder, attempted murder, manslaughter, or aggravated sexual assault
• commit a serious, violent offence - AND - have at least two previous convictions for offences that have been determined by the court to be serious, violent offences
• commit a serious offence for which an adult could be sentenced to prison for more than two years

The Youth Criminal Justice Act contains custodial sentencing options that are not available to adults. State each of these options and argue whether or not they are appropriate for youths and not for adults.