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YOUTH JUSTICE

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.

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YOUTH JUSTICE

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  1. YOUTH JUSTICE

  2. 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.

  3. 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”

  4. 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

  5. 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)

  6. 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

  7. Rights continued... • + “ voluntary statements” -protects youth from being questioned improperly • Right to appeal a sentence • + Identity of youth protected

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. l • 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

  14. 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)

  15. 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

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