It is possible for youth to get an adult sentence in certain circumstances. If a youth receives an adult sentence, he or she could receive a longer sentence, similar to the sentences received by adults. These longer sentences are in the Criminal Code of Canada.
The Youth Criminal Justice Act’s sentencing principles offer guidance to make sure that adult sentences are rare and that they are strictly limited to appropriate cases. Adult sentences are only allowed in cases where it is shown that a youth sentence could not be long enough to hold the youth accountable, keeping in mind that the youth’s accountability has to match their greater dependency and reduced level of maturity. This is called the “test” for an adult sentence. The test is explained in more detail on page 43.
Youth who are 12 and 13 years of age cannot be given adult sentences.
Adult sentences can only be given to youth who are 14 years of age and older.
A youth could receive an adult sentence if the youth is found guilty of an offence for which an adult could receive a sentence of more than two years. A youth cannot get an adult sentence if this criterion is not met (section 62).
Once this criterion is met, the Act gives specific methods for seeking an adult sentence, depending on the type of offence. There are three basic processes for the court to consider an adult sentence. Two of these processes involve “presumptive offences”.
Presumptive offences are defined in section 2 of the Act as: