Sentencing
No child or juvenile is to be sentenced to imprisonment. Sentencing serves the purpose of holding a juvenile accountable for an offence. It is also a means of promoting his or her rehabilitation, education and reintegration into society. Before ordering a custodial sentence, the court must review a presentence report that is to be prepared by the Chief Probation Officer.
No child or juvenile shall be subject to imprisonment and where a juvenile is found guilty of an offence the finding of guilt shall not be recorded as a conviction. When a court finds a juvenile guilty of an offence and is ordering a sentence, the court shall make any one or more of the following orders that can be performed together.
(a) warn the juvenile.
(b) order that the juvenile be discharged.
(c) require the juvenile to report to and be supervised by the Chief Probation Officer.
(d) place the juvenile in the care of a relative or other adult.
(e) if the juvenile is employed order him or her to pay a fine or compensation to the victim.
(f) order the parent of the juvenile to pay a fine.
(g) order the juvenile to make restitution of any property obtained as a result of the commission of the offence.
(h) order the juvenile to perform a community service and to report to and be supervised by a probation officer or a person designated by the court.
(i) place the juvenile on probation for a period not more than two years.
(j) make a custody and supervision order, ordering that a period be served in custody in an open residential facility, and that a second period which is one half as long as the first, be served under supervision in the community subject to conditions, the total of the periods to be not more than two years from the date of the coming into force of the order.
(k) make a deferred custody and supervision order for a period not more than six months subject to any conditions.
(l) order that the juvenile complies with any other reasonable and supplementary conditions.
When a juvenile is committed to custody, the court shall issue or cause to be issued a warrant of committal.
In the course of being transferred to and from custody or to and from the court the juvenile may be held under the supervision and control of a police officer or in a temporary holding facility.
When making a custodial order the court shall specify the level of custody appropriate for the juvenile. After the court has determined the appropriate level of custody for the juvenile he or she shall be placed in the facility specified by the Director of Youth that contains that level of custody. Such facility may be an open or secured residential facility.
If a juvenile reaches the age of eighteen while serving a custodial sentencing, he or she may be transferred to a correctional facility for adults.
Procedures are provided for the transfer of the juvenile who becomes an adult, to an adult facility. The clerk of the court must forward to the principal of the facility and the Chief Probation Officer:
- a copy of the pre- sentence report
- the sentencing order
- reasons for the sentence together with the warrant of committal
The Chief Probation Officer shall designate a probation officer to work with the juvenile when a sentence is ordered committing him or her to custody. A probation officer shall supervise the juvenile when a portion of his or her sentence is served in the community.
When a court finds a juvenile guilty of any of the offences listed below, and is ordering a sentence, the court shall make any one of the following orders or any number of them that can be performed together:
(a) place the juvenile on probation for a period not more than three years;
(b) make a custody order placing the juvenile in an open residential facility for a period not more than three years.
(c) commit the juvenile to custody in an open or secure residential facility for a period not more than five years.
(d) make a custody and supervision order with respect to the juvenile, ordering that a period be served in custody in an open or secure residential facility and that a second period, which is one half as long as the first, be served under supervision in the community subject to conditions, the total of the periods not to be more than five years.
(e) make a deferred custody and supervision order that is for a period not more than three years, subject to any conditions set out in sections 46 and 47.
(f) make a supervision order that is for a period not more than three years, subject to any conditions set out in sections 46 and 47.
(g) make an order that the juvenile complies with any other reasonable conditions.
The court’s use of community service is restricted and all court orders must be communicated to the juvenile in such a way as to ensure he or she understands it. The order must also state it’s the commencement date.
A sentence comes into force on the date on which it is ordered. The court may however order that terms and conditions be complied with on a later date that must be specified.
A court that sentences a juvenile may direct that a sentence be served one after the other if the juvenile is sentenced while under sentence for another offence or is found guilty of more than one offence. No sentence or combination of sentences ordered at the same time for a single offence or with respect to different offences shall continue in force for more than five years.
If a Court sentences a juvenile after the commencement of, but before the completion of, any sentences ordered on the juvenile
(a) the sentence may be served consecutively to the sentences ordered in respect of the previous offence.
(b) the combined duration of all the sentences may be more than five years.
A sentence ordered against a juvenile continues after the juvenile becomes an adult.
If a juvenile has begun to serve a portion of a sentence in the community and at the time an additional custodial sentence is ordered, any probation, deferment of custody, serving a portion of the sentence in the community under supervision, shall cease to be operative and the juvenile shall be committed to custody until the end of the portion of the sentence.
The court shall record reasons for the sentences it orders and shall give a copy of this to the juvenile, his counsel or parent on request.