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Types of Cases in Youth Court

Theft under $5000 15% Possession of stolen property 5% Fail to appear 11% Fail to comply with conditions 12% Subtotal (45,678 cases) 43% Other thefts 5% Mischief/damage 5% Break and enter 11% Minor Assault 10% Subtotal (33,107 cases) 31%

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Types of Cases in Youth Court

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  1. Theft under $5000 15% Possession of stolen property 5% Fail to appear 11% Fail to comply with conditions 12% Subtotal (45,678 cases) 43% Other thefts 5% Mischief/damage 5% Break and enter 11% Minor Assault 10% Subtotal (33,107 cases) 31% Total (78,785 cases) 74% Total cases (106,665) 100% Types of Cases in Youth Court

  2. measures based on police discretion - warnings, cautions, and referrals to community programs cautions by Crown prosecutors extrajudicial sanctions, referred to as alternative measures under the YOA Types of Extrajudicial Measures

  3. (a) extrajudicial measures are often the most appropriate and effective way to address youth crime; (b) extrajudicial measures allow for effective and timely interventions focussed on correcting offending behaviour; (c) extrajudicial measures are presumed to be adequate to hold a young person accountable for his or her behaviour if the young person has committed a non-violent offence and has not previously been found guilty of an offence; and (d) extrajudicial measures should be used if they are adequate to hold a young person accountable for his behaviour, and are not precluded in respect of a young person who has previously been dealt with by the use of extrajudicial measures or has previously been found guilty of an offence Section 4 - Principles

  4. Extrajudicial measures should be designed to (a) provide an effective and timely response to offending behaviour outside the bounds of judicial measures; (b) encourage young persons to acknowledge and repair the harm caused to victims and the community; (c) encourage families of young persons and the community to become involved in the design and implementation of measures; (d) provide an opportunity for victims to participate in decisions related to the measures selected and to receive reparation; and (e) respect the rights and freedoms of young persons and be proportionate to the seriousness of the offence. Section 5 - Objectives

  5. S. 6(1) A police officer shall, before starting judicial proceedings or any other measures under this Act, consider whether it would be sufficient to take no further action warn the young person administer a caution, or refer the young person to a program or agency in the community that may assist the young person not to commit offences S. 6(1) Options for Police Officers

  6. The Attorney General may establish a program authorizing police to administer cautions to young persons instead of starting judicial proceedings under this Act. S. 7 Police Cautions

  7. S.18(2) The functions of a youth justice committee may include the following: (a) in the case of a young person alleged to have committed an offence, (i) giving advice on the appropriate extrajudicial measure to be used in respect of the young person; (iv) when the young person is also being dealt with by a child protection agency or a community group, helping to coordinate the interaction of the agency or the group with the youth criminal justice system; S.18(2)(a) Youth Justice Committees

  8. The Attorney General may establish a program authorizing prosecutors to administer cautions to young persons instead of starting or continuing proceedings under this Act. S. 8 Crown Cautions

  9. Evidence that a young person has received a warning, caution or referral, or that a police officer has taken no further action in respect of an offence, and evidence of the offence, is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a youth justice court in respect of the young person. Section 9 - Evidence of Extrajudicial Measures

  10. S. 10(1) An extrajudicial sanction may be used only if a young person cannot be adequately dealt with by a warning by a caution by a referral because of the seriousness of the offence because of previous offences committed by the young person, or because of any other aggravating circumstances S. 10(1) When Sanctions may be Used

  11. An extrajudicial sanction may only be used if (a) it is part of a program of sanctions that is authorized by the Attorney General of the Province; (b) it would be appropriate, having regard to the needs of the young person and the interests of society; (c) the young person fully and freely consents to the use of the sanction; (d) the young person has been advised of his right to counsel and been given an opportunity to consult with counsel; the young person accepts responsibility for the act or commission that forms the basis of the offence; there is sufficient evidence to proceed with the prosecution of the offence; and (g) the prosecution of the offence is not barred at law. Section 10(2) - Additional Restrictions on the Use of Sanctions

  12. Any admission, confession or statement accepting responsibility for an act or omission made by a young person as a condition of being dealt with by an extrajudicial sanction is inadmissible in evidence against any young person in civil or criminal proceedings. Section 10(4) - Admissions not Admissible in Evidence

  13. S.40(2) A pre-sentence report shall include the following: (d) any information that is applicable to the case, including (iv) the history of alternative measures under the Young Offenders Act or extrajudicial sanctions used to deal with the young person, and the response of the young person to those measures or sanctions; S.40(2)(d)(iv) Admissions not Admissible in Evidence

  14. The use of an extrajudicial sanction in respect of a young person is not a bar to judicial proceedings under this Act, but if a charge is laid against the young person, (a) the youth justice court shall dismiss the charge if it is satisfied on the balance of probabilities that the young person has totally complied with the terms and conditions of the extrajudicial sanction; and (b) the youth justice court may dismiss the charge if it is satisfied on the balance of probabilities that the young person has partially complied with the terms and conditions of the sanction and if, in the opinion of the court, it would be unfair to continue prosecution of the charge. Section 10(5) - No Bar to Proceedings

  15. S. 11 If a young person is dealt with by extrajudicial sanction, a parent of the young person shall be informed of the sanction. S. 11 Informing Parents

  16. S.12 If a young person is dealt with by extrajudicial sanction, the victim shall, on request, be informed of the identity of the young person and how the offence was dealt with. S. 12 Informing Victims

  17. S.23(1) The Attorney General may establish a program of pre-charge screening in which the consent of the Attorney General must be obtained before a young person is charged with an offence. S.23 Pre-Screening Program

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