Going To Custody

In serious cases, you may be kept in custody while waiting to appear in court. You may be sentenced to custody after being found guilty of a crime. If you are in custody, your freedom is removed.

The YCJA says that custody is to be saved mainly for serious, violent or repeated crimes. The judge has to have considered all other sentences that are reasonable and decided that these are not enough to hold you accountable. Custody is to be used as a last resort for young people.

If you go to custody, you will be in a centre for young people only, called a youth custody centre. After the period of custody, you will be supervised in the community with conditions imposed on you. If you do not follow these conditions, you may be returned to custody.

YOU CANNOT BE SENTENCED TO CUSTODY UNLESS:

• You have done a violent crime, or
• You have failed to complete earlier non-custodial sentences, or
• You have done a serious crime and you have a history that shows a pattern of crimes, or
• You have done a serious crime and the circumstances are so exceptional that the purposes of sentencing cannot be achieved without time in custody. A judge must give reasons for this decision