The Use of Custody for Failing To Comply with a Disposition Cases under the Young Offenders Act

Abstract

Throughout the 1990s there were increases in bringing "failing to comply with a disposition" cases into youth court and sentencing them to custody. This study investigated how the nature of these cases affected their sentencing. All cases in Canada that were disposed of in 2002/2003 and had a conviction (or convictions) for "failing to comply with a disposition" (FTC) were identified, and their previous convictions and sentences were gathered. Results revealed that if the previous conviction was an administration of justice offence, the current sentence was significantly harsher than if the previous conviction was for any other type of offence, even serious violence. Thus, it appears that judges see these sorts of cases - in which a youth has violated an order of the court - as particularly serious. The implications for the Youth Criminal Justice Act, if these sentencing patterns persist, are discussed.