The Youth Criminal Justice Act lists the factors that the judge has to consider when deciding whether or not to detain a youth in custody until the end of the sentence (section 98(4)).
With “other” custody and supervision orders (section 42(2)(o), (q) and (r)) the Crown can apply for the continuation of custody of the youth. The judge can order continuation of custody if he or she is satisfied there is reason to believe that the youth will commit an offence causing death or serious harm before the end of the sentence (section 104).
There is no simple answer to the question of where a young person will serve their sentence after they have turned 18. It depends on a number of factors.
If a youth who is serving a youth sentence in a young offender centre turns 18, the provincial director can apply to have the youth serve the rest of the sentence in either a provincial correctional facility or a federal penitentiary, depending on the time left in the sentence and the best interests of the youth and the public (section 92(1) and (2)).
If a person who is serving a youth sentence remains in a youth facility after the age of 18, he or she will be transferred at age 20 to a provincial correctional facility for adults, unless the provincial director decides that the person can remain in a youth custody facility (section 93). Once the youth has been transferred to the provincial correctional facility for adults, the provincial director can then apply for the youth to be sent to a federal penitentiary, depending on the time left in the sentence and the best interests of the person and the public (section 89).
Finally, if a youth receives an adult sentence, there will be a hearing for a judge to decide where the youth will serve the sentence. The judge will decide whether to have the youth serve the sentence in a youth custody facility, in a provincial correctional facility for adults or in a federal penitentiary (section 76). There are some guidelines to help the judge decide where the youth should be sent: