YOUTH JUSTICE

Principles

• Protection of society is the most important objective – achieved through prevention, meaningful consequences, and rehabilitation.

• Young people should be held responsible, but should be treated separately from adults under criminal law.

• Parents and victims must have a role in the youth justice system.

YOA

• Young Offenders Act (1984), amended

• Ages 12 -17 inclusive, “criminal approach”

• Replaced the Juvenile Delinquents Act of 1908. Ages 7- 16 or 18. “Welfare approach”

YCJA• Youth Criminal Justice Act. Passed February 2002. In

effect April 2003.• Is criminal law – offences under the Criminal Code and

other federal laws• For youth ages 12 to 17 inclusive• Why these ages?• Minimum age 12- under 12 too young to form criminal

intent• Maximum age 18th birthday– keeps criminal and civil

law in line, uniform age across Canada, more opportunity for rehabilitation

Trial Procedures• All trials conducted in Family or Youth Court• All trials are conducted by a judge, no preliminary

hearing ( unless adult sentences are sought)• Public and press may attend hearings, media may

report proceedings- not identity of youth• Adult sentences are possible for youth who are 14

at the time of the offence and committed a violent crime – no longer automatic for 14 year olds accused of “presumptive” offences ( age is reduction from YOA, but prov. can opt out)

RIGHTS OF THE YOUNG OFFENDER

• + Police have alternatives other than arrest for a suspect who is a youth

• + Extrajudicial sanctions -apologies, compensation, community service

• Legal rights of Charter apply to youth

• + Right to have lawyer and adult present for questioning

Rights continued...

• + “ voluntary statements” -protects youth from being questioned improperly

• Right to appeal a sentence

• + Identity of youth protected

SENTENCING OPTIONS

• Section 38 of the YCJA• Main principle- hold youth accountable with

sentence that is fair, meaningful and helpful in process of rehabilitation

• Judge will examine pre-sentence report (report containing background info about the youth) before sentencing a youth

• psychological or medical assessment may be required

Factors considered before sentencing:

• extent to which the youth participated in offence

• harm done to victim and community

• any reparation youth has made to victim

• time already spent by youth in detention

• past crimes of youth

• content of victim impact statement

SENTENCES

• All community based sentencing options must be considered other than custody

• Absolute or conditional discharge• Probation• Fines• Compensation• Personal/ community service• Custody- open, closed

Sentencing

• custody and supervision order- court order that specifies conditions of custody ( 2/3 of sentence spent in custody and 1/3 spent in community under supervision)

• youth worker- a person appointed by the government to monitor the youth’s progress in the community

• post-custody supervision is aimed at helping youth reintegrate into society

Sentencing

• In most cases probation, custody, supervision will not exceed 2 years ( more serious offences - 3 years)

• 1st degree murder - max.10 years, 2nd degree murder - max. 7 years

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• Crown seeks an adult sentence if youth sentences are not adequate to hold youth accountable

• youth must be 14 at the time of the offence

• factors considered: youth’s background, offence, age, maturity, character of accused

• youth must be notified before trial

Continued….• youth has right to preliminary hearing and trial

by jury• if under 18 will serve time in youth facility• youth given adult sentence for murder are

eligible for parole earlier than an adult• At any stage in sentencing, court may refer the

case to a conference to determine most appropriate sentence ( meeting of youth, parents, victim, professionals/ member of the community)

RECORDS

• Records involving extra-judicial measures are destroyed after 2 years if no further offences

• access to records - youth, parents, police, those involved in extra-judicial measures

• victims and schools may have limited access