Acceptable grounds for review of a custody sentence include:

• that the young person has made sufficient progress to justify a change in the youth sentence;
• that circumstances that led to the youth sentence have changed materially;
• that new services or programs are available that were not available at the time of sentencing;
• that the opportunities for rehabilitation are now greater in the community, or;
• any other ground that the youth court considers appropriate.

Upon completion of the review, at which the court will hear from the young person, the parent or guardian of the young person, the Solicitor General or the provincial director, the court will decide to:

1. confirm the youth sentence;
2. release the young person from custody and place them under conditional supervision for a period not exceeding the remainder of the youth sentence that the young person is then serving;
3. convert the youth sentence from under paragraph 42(2)(r) to 42(2)(q) if the offence was murder, or to a youth sentence under paragraph 42(2) (n) or (o) if the offence was not murder.

Failure to Comply

Youth are expected to comply with everything that is included in their sentence. To comply means to act in agreement with the conditions. Youth who do not complete the sentence because they purposely fail or refuse to comply with the sentence can be charged with a new offence (section 137). This new charge is a summary offence that is called a “failure to comply with a sentence”. For example, if a youth ignores or breaks one of the conditions on a probation order, he or she can be charged with a new offence.

Custody and Supervision Sentences

The purpose of the custody and supervision sentence is to protect society by carrying out sentences imposed by the courts through the safe, fair and humane custody and supervision of young persons, as well as to help rehabilitate and reintegrate youth into the community as law abiding citizens by providing effective programs to young persons in custody and while under supervision in the community (section 83(1)).

The principles that are used to achieve the purpose of custody and supervision are:

• the use of the least restrictive measures that still protect the public, youth justice system staff and the youth;
• that youth sentenced to custody keep the same rights as other youth, except those that have to be restricted because of being in custody;