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Criminal Justice Information and Support

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
  • 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; and
  • alternatives given to other youth who have committed similar crimes.

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