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Adult Sentences

 

1      Will I always appear in a Youth Court?

Yes, you will always appear in a Youth Justice Court before a Youth Justice Court judge.

 

2      Will I always be given a youth sentence if found guilty?

No. There are some circumstances in which the Youth Justice Court judge may give you an adult sentence.

 

3      When can I be given an adult sentence?

You can be given an adult sentence if:

  • If you are 14 or older and are charged with murder, attempt murder, manslaughter and aggravated sexual assault. (Provinces can change this age to 15 or 16);

  • You are 14 or older and are found guilty of committing a serious offence for the third time (provinces can change this to 15 or 16); or

  • You are 14 or older and are charged with an indictable offence*, or a serious violent offence, and the prosecutor* applies to the court for you to be given an adult sentence.  s. 64 and 62(b).

However, the prosecutor can decide not to ask for an adult sentence, in which case the court most give you a youth sentence.  s.65

 

4      How do I know if something is a serious violent offence?

The judge will decide after you have been found guilty.  After you have been found guilty the prosecutor may apply to the judge, and the judge will hear their arguments and your arguments (through your lawyer) and then decide if he or she thinks the offence should be called a serious violent offence.

 

5      What happens if I have committed murder, attempt murder, manslaughter, aggravated sexual assault or a third serious

violent offence?

If you are 14 and older, then you will be given an adult sentence unless the judge is satisfied that a youth sentence is long enough to hold you accountable.  s.32(1)(d) and s.63

 

6      What will happen if an application is made by the prosecutor to give me an adult sentence?

A hearing must be held. Make sure you have a lawyer at this hearing. At the hearing, both you, through your lawyer, and the prosecutor will have a chance to give reasons why you should or should not be given an adult sentence. The judge will allow your parent(s) to speak at this hearing.  s.71

 

7      Is there always a hearing?

No, if you tell the judge that you want an adult sentence then the judge does not have to have a hearing and instead will given you an adult sentence.  s.71

 

8  How will the Youth Court judge decide whether or not to give me an adult sentence?

The judge must consider a pre-sentence* report before making this decision – s.72(3)).  The judge will consider the circumstances of the offence, the interests of society and your needs in making a decision. The judge when deciding if you should get an adult or youth sentence must make sure that your sentence is going to be long enough to make you accountable for your conduct.  s.72

 

9      What factors will the judge consider in making a decision to give me an adult sentence?

  • the seriousness of the offence(s) and the circumstances of the offence with which you are found guilty of, and

  • your age, maturity, character, background, record.  s.72

10    Does it make any difference if I am given an adult sentence?

Yes. Here are some of the differences:

  • The news media may publish or broadcast your name; s.75

  • You may be sent to an adult facility or a federal penitentiary; s76

  • You can be released on parole, as an adult would; and

  • Your record becomes an adult criminal record.

11    If I am given an adult sentence, will I go to an adult jail?

If you are under 18, you will likely be placed in a youth facility until you become an adult, at which time you will likely be transferred to an adult facility.  If you are 18, the judge must order that you serve your sentence in an adult facility, unless it is not in your best interests and would not jeopardize the safety of others.  You have a right to voice your opinion .  s.76(2)(b) and 76(3)

 

You could stay in a youth facility until no later than your 20th birthday (unless the judge believes that it is in your best interest to continue to stay in a youth facility and your stay would not jeopardize the safety of others. 

 

12    If I am given an adult sentence and do not want one, what can I do?

You have the right to appeal the decision to give you an adult sentence. Talk to your lawyer about an appeal.  s. 72(5)