Deferred custody and supervision

If a youth is convicted of an offence that did not involve the youth causing, or attempting to cause, serious bodily harm, a youth court may impose a sentence that places the youth in the community subject to various conditions, with the provision that if any of the conditions are breached the youth may serve the remainder of the sentence as a custody order. In the event of breach or “apprehended breach” of a condition, the youth may be placed in custody without a prior court hearing, though subject to later court review. A sentence of “deferred custody and supervision” under section 42(2)(p) of the YCJA is similar to a “conditional sentence” for adults under the Criminal Code. The conditions may result in a youth being under “house arrest” in the community, or the conditions may give a youth the freedom to attend school, have employment, obtain counselling, or engage in other activities.

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