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YCJA

YCJA. High School. Youth Criminal Justice Act. Applies to all youth in Canada from the ages of 12 to 17. What Are the Basic Principles. Accountability Rehabilitation Reintegration Consequences Protection of the Public Crime Prevention. Emphasis. Unique Nature Of Youth

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YCJA

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  1. YCJA High School

  2. Youth Criminal Justice Act • Applies to all youth in Canada from the ages of 12 to 17

  3. What Are the Basic Principles • Accountability • Rehabilitation • Reintegration • Consequences • Protection of the Public • Crime Prevention

  4. Emphasis • Unique Nature Of Youth • Level of Maturity • Fairness • Rights And Privacy • Timely Intervention.

  5. Legal Rights From the time of arrest, all youth have the right: • To know why they are being arrested • To remain silent • To talk to their parents or a trusted adult • To be represented by a lawyer as soon as possible • To have a parent/trusted adult or a lawyer with him or her if they choose to make a statement to the police

  6. Extrajudicial Measures • Police can use discretion • Must consider all options before laying a charge • EJM options include a wide range of things such as taking no further action, sentencing circles, or issuing cautions.

  7. No Further Action. Warnings. Police Cautions. Crown Cautions. Referral to Community agency. Alternative Measures. Options outside of court

  8. Type of offence. Severity of offence. Parental input. Attitude of young person. Past history. Acknowledgement of accountability. Willingness to repair the harm. What to consider

  9. Police Referrals • Child Welfare • A local Youth Justice Committee • A Recreation Program • An Alcohol or Drug Treatment Program • A Counseling Agency • Or a Mental Health Program

  10. Extrajudicial Sanctions To be eligible, the youth must: • Admit to committing the crime • Be willing to participate in the program While involved in the extrajudicial sanction: • The youth must follow specific rules or conditions • Their behaviour may be monitored by a probation officer

  11. Types of sanctions include • Having to give an apology to the victim • Perform some personal service for the victim • The youth may also be involved in writing an essay or creating a poster • Doing community service work • Returning stolen property to the victim • Some youth might participate in Aboriginal cultural or spiritual activities • Participate in a counseling or intervention program • Youth may also be supervised by a youth justice committee member. • Participate in a victim reconciliation program • Make a donation to a registered charity.

  12. The Court Process • In cases where an extrajudicial measure or sanctions isn't sufficient to hold the youth accountable, the police may follow through with laying charges • When charges are laid the youth will be required to make an appearance in court to enter a plea before a judge.

  13. Sentences • Fine Community Service • Compensation Restitution • Probation Order • Intensive Support & Supervision Order • Custody & Supervision Order

  14. Other options for sentencing include • Reprimand • Absolute Discharge • Conditional Discharge • Reimbursement • Personal Service • Prohibition Order • Deferred Custody & Supervision Order • Intensive Rehabilitative Custody and Supervision Order

  15. Adult Sentences • Adult sentences can apply to youth aged 14 in extreme cases. • Adult sentencing is only used if a youth sentence would not be long enough to hold the youth accountable.

  16. Publishing • A young persons identity is protected under the YCJA by special provisions. Their identity may not be published except when: ● The youth receives an adult sentence ● The youth is ‘at large’ in the community and may be a danger to others

  17. Youth Records: How Long Do They Last? • A 17 year old youth who receives a 2 year custody and probation sentence, will have a record for five years after they complete their probation. Their record will last until they are 24 years old. • If a person commits an offence as an adult before their youth record expires, their youth record will become a part of their adult record. An adult record will remain for their rest of their lives unless they are eligible for a pardon.

  18. Having a Record Can Affect… • Your Job • Your ability to Travel • Your future appearances in Court • Your reputation

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