Criminal law

Sentencing

What does it mean to be “committed to custody”?

Custody is the most severe sentence under the Youth Criminal Justice Act. It is the equivalent of a prison term for adults, the difference being that a young person will find himself in a youth centre rather than a prison or penitentiary. Sentences involving custody have two phases: a term in a youth centre, and a period of community supervision following release.

Youth centres are places designed by the government to accept young persons who are sentenced to custody by the youth court. These centres are divided into several units with varying levels of security. Counselors who are specially trained and experienced in dealing with young people work there. They work to ensure that the time an adolescent spends in custody will help him reintegrate into society and reduce his risk of re-offending.

The rehabilitation program started during detention continues when the young person re-enters society under community supervision.

When will a court order committal to custody?

The judge will only sentence a youth to custody as a last resort. She may impose a sentence involving custody in the following cases:

• The adolescent is found guilty of a violent offence, meaning that he injured someone, attempted to injure someone, or threatened to injure someone;
  
• The adolescent did not respect the conditions of previous sentences that did not involve custody;
  
• The adolescent has already been found guilty more than once before and has now committed a serious (indictable) offence for which an adult could be sentenced to a prison term of more than two years;
  
• It is an exceptional case involving a serious (indictable) offence and the aggravating circumstances surrounding the offence are so serious that only custody would achieve the objectives of the law.

It is essential that the court believe that no other measure would achieve the sentencing goals set out in the law. In other words, the judge must be convinced that a sentence involving custody is the only appropriate solution under the circumstances.

A judge must not impose a sentence involving custody simply to ensure that the youth receives proper social, psychological, or mental health care. The judge must carefully consider the general principles that apply to all youth sentences for criminal acts, which are explained in the Infosheet entitled Sentencing.

The information on which the judge bases her decision can usually be found in the pre-sentence report, which the court must examine before rendering a custodial sentence. To find out more, see the Infosheet entitled The pre-sentence report: The name says it all!.

Are there many types of sentences involving custody?

Yes. First off, a court can order custody and supervision for varying lengths of time. A custodial sentence will normally cover a continuous period, starting and ending on specified dates. However, the law says that a judge may permit an adolescent to serve his sentence in a non-continuous manner. For example, the youth may be put in custody during weekends, from Friday to Sunday. This type of sentence may not, however, exceed ninety days.

The court can also choose to impose a sentence of “deferred custody”. This means that the youth will serve his sentence in the community, as long as he respects certain conditions. This sentence cannot exceed six months in length. If the youth fails to respect the conditions imposed upon him, the judge can order that he serve the rest of his sentence in custody.

A custodial sentence can also be served in the context of an intensive rehabilitation program. Such programs are tailored to the needs of adolescents who suffer from psychological or emotional problems and have committed a serious offence involving violence. In such cases, the custodial period consists of therapy provided in a secure environment.

Are there different custodial levels?

Yes. There are two custodial levels for adolescents: open or secure custody. Secure custody involves more supervision. Generally, this type of custody is reserved for adolescents who have committed violent crimes, like assault or armed robbery, or for those who present a risk of escaping or re-offending.

Custody in an open setting is still custody, but in a less supervised environment. Those placed in a more open setting still require detention, but they do not present an imminent threat to public safety or pose a serious risk of escaping.

In Quebec, the appropriate level of custody for an adolescent is determined by the judge during the sentencing stage.

Where might an adolescent be committed to custody?

As mentioned above, a custodial sentence is carried out in a youth centre. The provincial director – in Quebec, the Director of Youth Protection – decides which facilities serve as youth centres.

Youth centres in Quebec can house from 500 to 700 young people serving custodial sentences. Secure custody establishments are often administered by the government; by and large, they resemble detention centres for adults. As for open custody facilities, they might take the following forms:

• Community residential centre;
  
• Group home;
  
• Child care institution.

Can an adolescent be placed in custody in an adult detention centre?

Generally, an adolescent should be sent to a place designed for youth. In special cases, he might be placed in a detention centre for adults, but will be held separately from any adult inmates.

If a person reaches the age of 18 and still hasn’t finished serving his sentence, authorities can ask the court to transfer him to an adult incarceration centre. These authorities must show that the transfer is either in the public interest or the best interest of the young person. Once the person reaches the age of 20, the law provides that he be transferred to an adult detention centre, unless the judge orders that he remain at a youth facility until the end of his sentence.