Factors affecting custodial dispositions under the Young Offenders Act

Abstract

A consensus is developing in the literature on the Young Offenders Act (YOA) that (a) it is more offence oriented. (b) the use of custody has increased under the Act. and (c) the former condition has contributed to the latter. Statistical analysis of all cases that reached disposition in youth court in 1990-91 in eight provinces suggests that the choice between a custodial and non-custodial disposition was determined primarily by the offender's prior record, and that the seriousness of the current offence played a less important role. This suggests the primacy in this decision of consideration of protection of society through incapacitation and deterrence, rather than the ".justice model" of punishment in proportion to harm done. Therefore. it seems implausible that any increase in custodial dispositions under the YOA is due to an offence orientation.