Alternatives to Custody

The Youth Criminal Justice Act says that the court must not give a youth a custodial sentence unless the court has considered all other reasonable options (alternatives to custody).

The court must not sentence you to custody unless you have:

• Not obeyed community-based sentences
• Committed a violent crime
• Committed an indictable offence for which an adult could be ordered to serve more than two years in jail and you have a criminal history with a pattern of findings of guilt or a pattern of extrajudicial sanctions
• Committed an indictable offence so serious that a custody sentence is necessary

Factors Considered

Some factors considered when determining whether there are reasonable alternatives to custody are:

• The availability of suitable alternatives
• The likelihood you will obey the non-custodial sentence, while taking into consideration your previous history of obeying non-custodial sentences
• Alternatives given to other youth who have committed similar crimes