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.

 

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. 

 

Youth Sentence Lengths for Homicide

 

A youth who receives a youth sentence will be sentenced under the Youth Criminal Justice Act and not the Criminal Code of Canada.

 

12 - 17 years of age:

• 1st Degree Murder: maximum period is 10 years including a maximum custody period of 6 years and a period of supervision in the community

• 2nd Degree Murder: The maximum period is 7 years including a maximum custody period of 4 years and a period of supervision in the community

 

Adult Sentence Lengths for Homicide 

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A youth who receives an adult sentence will be sentenced under the Criminal Code of Canada and not the Youth Criminal Justice Act. Even though its called an adult sentence, it is not equal to an adult sentence. While a life sentence is the same, youth or adult, a youth sentenced as an adult may apply for parole earler than an adult can. 

 

14 - 17 years of age:

• 14 or 15 years of age: 1st Degree Murder OR 2nd Degree Murder: Life sentence and eligible for parole after 5 to 7 years

• 16 or 17 years of age: 1st Degree Murder: Life sentence and eligible for parole after 10 years

• 16 or 17 years of age: 2nd Degree Murder: Life sentence and eligible for parole after 7 years