A pre-sentence report considers the youth’s age, behaviour, attitude, school records, previous contact with the law, experience in extrajudicial sanctions programs and relationships with family members. Anyone involved in the youth’s life, including parents, guardians and teachers may be interviewed to help the court understand the youth. The victim may also be interviewed. The pre-sentence report will also include any plans the youth may have on how to change their behaviour.

Assessments

The court can also order a medical or psychological assessment of the youth at any time during the court case. Such an assessment can be ordered if the court has reasonable grounds to believe that the youth is suffering from any of the following:

• a physical or mental illness or disorder;
• a psychological disorder;
• an emotional disturbance;
• a learning disability;
• a mental disability.

Assessments can also be ordered if the youth has committed a serious violent offence or is a repeat offender, so that the court has a better understanding of that youth (section 34b (i) and (ii)).

An assessment is undertaken for the purpose of:

1. considering an application for release of custody;
2. making its decision on an application heard under section 71 (hearing-adult sentences);
3. making or reviewing a youth sentence;
4. considering an application of continuation of custody (subsection 104(1));
5. setting conditions of conditional supervision (subsection 105 (1));
6. making an order in regards to conditional supervision (subsection 109 (2));
7. authorizing disclosure of information about a young person (subsection 127 (1).

Sentence Options

The Youth Criminal Justice Act provides youth court judges with many options for sentences once a youth has been found guilty.