YCJA Pocket Guide - Government of Nova Scotia

Custody Purpose 76
Two different sets of procedures
Two different sets of procedures have been put in place
for each of the following
• setting conditions for supervision in the community
(community supervision) and conditional
supervision
• extending the custodial portion of a youth sentence
• responding to a breach of a condition
The first governs community supervision under
sentences imposed under s.42(2)(n).
The second governs conditional supervision imposed
under s.42(2)(o),(p),(q),(r) & s.94(19)(b).
Purpose of custody and supervision s.83(1)
The purpose of the youth custody and supervision
system is to contribute to the protection of society in
two ways
• by carrying out sentences in a safe, fair,
and humane manner
AND
• by helping the YP to be rehabilitated and
reintegrated into society as a law-abiding citizen
through effective custody and supervision programs
Principles of custody and supervision s.83(2)
(in addition to the overall principles in s.3)
a
use the least restrictive measures that are consistent
with the protection of the public, people working
with the YP, and the YP
b ensure that YPs sentenced to custody keep the
same rights as other YPs except for those rights
which are removed or restricted because of their
sentence
c
help both families of YPs and members of the
public to become involved with the YP
d make custody and supervision decisions in a fair,
forthright, and timely manner to ensure that YPs
have access to an effective review procedure
e
AND
ensure that the placement of YPs where they are
treated as adults does NOT disadvantage them for
eligibility for and conditions of release
Custody Principles 77