Youth Criminal Justice Act

1. Youth Criminal Justice Act Grade 11 Canadian Law

2.  History of Youth Crime • Under English Common Law, youths aged 7-13 were not charged with criminal offenses as they were deemed unable to understand their crimes • However this could vary depending on the circumstances • In 1908 the government passed the Juvenile Delinquents Act largely for youths aged 12-16, however youths as young as seven could be charged • The idea was to reform youths, not punish them • These ideas were enhanced in the Young Offenders Act in 1984 and set the age of a Young Offender at 12-17

3.  Youth Criminal Justice Act • The YOA deemed people aged 0-11(child) to have no criminal responsibility, 12-17 (youth) partial responsibility and 18+ (adult) full responsibility • This is still in place today • In 2003 the YOA was replaced by the Youth Criminal Justice Act (YCJA), which has four objectives: • Preventing crime by finding out what causes offending behaviour to promote accountability and responsibility • Rehabilitating youths who commit offences by reinforcing respect, responsibility and accountability • Reintegrating them into society with respecting the human rights for youth • Ensuring they are subject to meaningful consequences to promote long term protection of the public

4.  Youth Criminal Justice Act • It also made penalties for serious youth crime more severe than the YOA • Now youths aged 14+ can be charged as adults for violent crimes, before it was 16+ • The YCJA is a criminal law that applies to all parts of the Criminal Code or other criminal statutes • It does not lay out any new crimes • Basically, it deals with how youths aged 12-17 are to be dealt with when charged with an offense

5.  Detention & Remand • After being charged and awaiting trial, most youth are granted bail • Most of the time they are released into the custody of their parents • However, in some cases they may be put in foster homes or put under house arrest

6.  Trial • Youth may be tried in one of three venues • 12-15 year-olds in family court • 16-17 year-olds in provincial court • Serious crimes in adult provincial court • There is no trial by jury for youth crimes, it is always by judge unless the trial is in adult court

7.  Trial • During the trial, reporters and the public may be let in, but the names of the accused or underage victims usually cannot be published • The exception is for serious crimes like aggravated assault/sexual assault, manslaughter and murder, but only if they are CONVICTED

8.  Adult Court • The Crown must decide before the trial begins whether to request that the trial be transferred to adult court • The accused must be over 14 and the crime violent or a repeat offense • A hearing is then held by judge alone to determine where the trial will be held

9.  Extrajudicial Sanctions • Penalties for those charged as a youth are different from adults • Police have the power in less serious cases to use extrajudicial sanctions to avoid a trial • They can include an apology letter, essay, compensation, education, counselling, supervision or community service • About 30% of youths charged are sentenced to extrajudicial sanctions • The catch is that a youth must confess in order to be eligible

10.  Sentencing • Youth sentences are generally less severe than adult sentences • It is felt that youth are more easily rehabilitated • Judges can sentence the youth to many of the same penalties as extrajudical sanctions, but also probation or custody • Open custody is when a youth is sent to a foster home, group home or other less severe establishment • Closed custody is when they are sent to a juvenile detention centre, usually until age 18 but some may apply to stay longer rather than go to adult prison

11. Questions • Looking Back, page 329, #1-3 • You Be The Judge, page 340 • Case, page 344, #1, 3, 4 • Chapter Review, page 354, #4, 10abd