In certain circumstances, a youth may be sentenced as an adult if the offence is one for which an adult would receive over two years in jail and the youth was 14 or older when the crime was committed. Prosecutors are obligated to consider an adult sentence if a youth over the age of 14 has been found guilty of one of the following serious violent offences:
- First or second-degree murder
- Attempted murder
- Manslaughter
- Aggravated sexual assault
If an adult sentence is imposed, then adult parole eligibility applies. A youth under the age of 18 at the time of sentencing would serve an adult sentence in a youth facility. If the youth is 18 or older when sentenced and is sentenced to less than 2 years, he or she may go to provincial jail. If the youth is 18 or older when sentenced and is sentenced to more than 2 years, he or she may go to a federal jail. If the youth turns 20 in a youth facility, he or she may be transferred to an adult facility.
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