YCJA Pocket Guide - Government of Nova Scotia

Youth Sentences Imposing a youth sentence 40
p subject to s.42(5), deferred custody and supervision
order – similar to the adult sentencing option of
conditional sentence
The youth justice court can sentence a YP to
a deferred custody and supervision order
ONLY IF s.42(5)
a
the YP is found guilty of an offence other than
one where the YP causes or attempts to cause
serious bodily harm in committing the offence
AND
b it is consistent with the purpose and principles
s.38
and the restrictions on custody s.39
the time limit is 6 months
• it is subject to appropriate conditions s.105
• the order is enforced as if it were a
conditional supervision order
q custody and conditional supervision for murder
i
ii
murder 1 st degree
the time limit is 10 years—custody up to
6 years followed by conditional supervision in
the community
murder 2 nd degree
the time limit is 7 years—custody up to
4 years followed by conditional supervision in
the community
(see “Conditions for conditional supervision for
sentences under s.42(2),(o),(q)&(r), deferred custody
and supervision orders under s.42(2)(p), and after a
review s.94(19)(b),” p.87)
Note
Ss.106 to109 apply to a breach of a deferred custody
and supervision order. s.42(6)
Youth Sentences Imposing a youth sentence 41