Abstract
This study investigates whether judges attempt to craft proportionate probation sentences under the Young Offenders Act (YOA) and the Youth Criminal Justice Act (YCJA). Using two samples of probation cases - one disposed of under the YOA and the other disposed of under the YCJA - the effect of the offence on probation sentence length was investigated. The results suggest that youth court judges are more influenced by the nature of the most serious offence in the case under the YCJA than they were under the YOA. This could be seen as preliminary evidence of the effect of s. 38(2)(c) of the YCJA, which directs judges to craft sentences that are proportionate to the seriousness of the offence and the degree of responsibility of the offender.
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