Adult sentence

Filed Under: Criminal Law

A youth fourteen years or older may have an adult sentence imposed; this is generally only considered if the offence is one of the most serious offences. If the Crown wishes to have the youth justice court impose an adult sentence, the youth must receive notice before trial and will have the right to a jury trial. An adult sentence can be imposed only after a youth justice court determines under section 72 of the YCJA that a youth sentence would “not be of sufficient length to hold the young person accountable for his or her offending behaviour.” If the youth justice court determines that an adult-length sentence is appropriate, the youth cannot be placed in an adult facility until reaching the age of eighteen years, and there is a discretion in the court to delay transfer to an adult facility through early adulthood.

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