Youth Criminal Justice Act - Detention Prior To Sentencing Section 29

Detention Prior To Sentencing Section 29

Under the YCJA, prior to conviction, detention is prohibited and deems unnecessary. One of the new provisions of the YCJA is to limit the use of pre-trial detention and to promote alternatives to incarceration. Under the YOA, pre-trial detention was on the rise and Canada, out of the western countries, had one of the highest youth incarceration rates. Not only was the use of pre-trial detention high, it also varied widely across the provinces. Pre-trial detention is not meant to be punitive, but research found negative outcomes associated with it as well, such as depravity of freedom and seclusion from the outside world. Many youth in custody prior to their sentencing were also found guilty more often than youths not in custody. The inconsistent use of pre-trial detention and negative connotations were cause enough for revision.