Summary
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Principles guide judges in deciding on a fair and appropriate sentence.
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The purpose of sentencing is to hold the youth accountable through "just sanctions" that ensure meaningful consequences for them and which promote their rehabilitation and reintegration into society.
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Sentences should not be more severe than what an adult would receive for the same offence and should be similar to youth sentences in similar youth cases.
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Sentences should be proportional to the seriousness of the offence and the degree of responsibility of the youth.
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The sentence should be the least restrictive alternative most likely to rehabilitate and reintegrate the youth and should also promote in the youth a sense of responsibility and an acknowledgement of the harm done.
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Before custody is considered, all reasonable alternatives that will hold the youth accountable should be used.
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Sanctions other than custody should be considered for all young persons, with particular attention to the circumstances of Indigenous youth.
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A youth cannot be committed to custody unless:
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the youth committed a violent offence,
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the youth failed to comply with non-custodial sentences,
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the youth has committed an indictable offence (for which an adult is liable to imprisonment for more than two years) and the youth has a history that indicates a pattern of either extrajudicial sanctions or of findings of guilt, or
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in exceptional cases, where a non-custodial sentence would be inconsistent with the purpose and principles as set out in the YCJA.
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Approximately one-third of custodial sentences are served and supervised in the community.