Youth criminal justice act
Youth criminal justice act summary and youth criminal justice act is the law that governs canada’s youth justice system. It applies to youth who are at least 12 but under 18 years old, who are alleged to have committed criminal offences. In over a century of youth justice legislation in canada, there have been three youth justice statutes: the juvenile delinquents act (1908-1984), the young offenders act (yoa) (1984-2003), and the youth criminal justice act (ycja) (2003-present). The ycja introduced significant reforms to address concerns about how the youth justice system had evolved under the yoa. The ycja provided the legislative framework for a fairer and more effective youth justice system. The amendments adopted by parliament in 2012 aimed to strengthen the ways in which the youth justice system deals with repeat and violent le and declaration of ycja contains both a preamble and a declaration of principle that applies throughout the act. These statements can be used to help interpret the legislation and include the following:Society has a responsibility to address the developmental challenges and needs of young ities and families should work in partnership with others to prevent youth crime by addressing its underlying causes, responding to the needs of young persons and providing guidance and te information about youth crime, the youth justice system and effective measures should be publicly persons have special guarantees of their rights and freedoms, including those set out in the united nations convention on the rights of the youth justice system should take into account the interests of victims and ensure accountability through meaningful consequences, rehabilitation and youth justice system should reserve its most serious interventions for the most serious crimes and reduce the over-reliance on declaration of principle sets out the policy framework of the legislation. Unlike previous youth justice legislation, the ycja provides guidance on the priority that is to be given to key declaration of principle provides that:The youth justice system is intended to protect the public by (i) holding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person, (ii) promoting the rehabilitation and reintegration of young persons, and (iii) supporting crime prevention by referring young persons to programs or agencies in the community to address the circumstances underlying their offending youth justice system must be separate from the adult system and must be based on the principle of diminished moral blameworthiness or youth justice system must reflect the fact that young people lack the maturity of adults. The youth system is different from the adult system in many respects: measures of accountability are consistent with young persons’ reduced level of maturity, procedural protections are enhanced, rehabilitation and reintegration are given special emphasis, and the importance of timely intervention is persons are to be held accountable through interventions that are fair and in proportion to the seriousness of the the limits of fair and proportionate accountability, interventions should reinforce respect for societal values; encourage the repair of harm done; be meaningful to the young person; respect gender, ethnic, cultural and linguistic differences; and respond to the needs of aboriginal young persons and young persons with special justice proceedings require a recognition that young persons have rights and freedoms in their own right and special guarantees of these rights and freedoms; courtesy, compassion and respect for victims; the opportunity for victims to be informed and to participate; and that parents be informed and encouraged to participate in addressing the young person’s offending addition to the preamble and the declaration of principle, the ycja includes other more specific principles to guide decision-making at key points in the youth justice process: extrajudicial measures, youth sentencing, and custody and supervision. These additional principles are discussed udicial ence in canada and other countries shows that measures outside the court process can provide effective responses to less serious youth crime. One of the key objectives of the ycja is to increase the use of effective and timely non-court responses to less serious offences by youth. They also allow early intervention with young people and provide the opportunity for the broader community to play an important role in developing community-based responses to youth crime. Increasing the use of non-court responses also enables the courts to focus on the more serious cases of youth to the ycja, youth courts were dealing with a large number of relatively minor offences that did not require a court proceeding in order to adequately hold the young person accountable. Under the yoa in 1999, 63 percent of youths accused of a crime were charged and 37 percent were not charged. Under the ycja in 2010, 42 percent of youths accused of a crime were charged and 58 percent were not charged (see figure 1). Young persons who were not charged include youths diverted from the court process through the use of warnings, referrals to community programs, cautions and pre-charge extrajudicial sanctions. After a large initial drop, the number of youth court cases has remained relatively stable. The most serious offence in one of every six court cases is an administration of justice offence (17 percent of cases), which typically involves behaviour that would not be an offence outside of a court order, such as breaching a probation condition (e. Not charged - 1999 and : canadian centre for justice statistics, incident-based crime 2: youth court cases, canada, 2002/03 - 2009/ 2 - text ption of figure 2: youth court cases, canada: 2002/03 to 2009/10. 10 - 56,234 : canadian centre for justice statistics, youth court to the ycja, the use of conferences was increasing in many parts of canada in order to assist in the making of decisions regarding young persons who were involved in the youth justice system. In general, a conference refers to various types of processes in which affected or interested parties come together to formulate plans to address the circumstances involved in individual youth cases. Conferences operated without legislative authority and in an informal ences can take the form of family group conferencing, youth justice committees, community accountability panels, sentencing circles and inter-agency case conferences. Conferences provide an opportunity for a wide range of perspectives on a case, more creative solutions, better coordination of services and increased involvement of the victim and other community members in the youth justice ycja authorizes and encourages the convening of conferences to assist decision makers in the youth justice system. Under the legislation, a conference is defined as a group of people brought together to give advice to a police officer, judge, justice of the peace, prosecutor, provincial director or youth worker who is required to make a decision under the ycja. In particular, large numbers of youths who were charged with relatively minor offences were being detained. Pre-trial detention was often used as a way of responding to a youth’s social-welfare needs rather than for legitimate criminal law of the provisions related to pre-trial detention under the yoa were not changed with the coming into force of the ycja, including the application of the criminal code. The objective of the amendments was to reduce complexity in order to facilitate effective decision-making at the pre-trial stage, which includes managing youth in the community where possible, while at the same time ensuring that youth who should be detained can be than applying the grounds for detention in the criminal code to youth, the amendments created a new stand-alone test for pre-trial detention of youth in the ycja. Now a court may detain a youth if the following criteria are met:The youth has been charged with a serious offence (an offence for which an adult would be liable to imprisonment for five years or more) or has a history of either outstanding charges or findings of guilt;. Of the following grounds exists:There is a substantial likelihood that, if released, the youth will not appear in court when required;. Is necessary for public protection, having regard to the circumstances, including whether there is a substantial likelihood that the young person will, if released, commit a serious offence; the youth has been charged with a serious offence and neither (i) nor (ii) applies (i.
Detention is not necessary to ensure that the youth appears in court or to protect the public), but there are exceptional circumstances that justify detention as necessary to maintain confidence in the administration of justice; ing the youth with conditions would not be sufficient to address the court’s concern about releasing the ence under the 2009-10, the average daily number of youths in remand was 15 percent higher than in 2003-04 (see figure 3). Six of the 10 provinces had a higher number of youths in remand in 2008-09 than in isons of remand rates (i. The number of youths in remand per 10,000 youths in the population) also indicate an increase in the use of pre-trial detention under the ycja. Trial detention under the ycja is primarily used to detain youths charged with non-violent offences. The most common offence leading to detention is an administration of justice offence, such as a breach of a bail 3: average daily number of youths in remand, canada: 2003/04-2009/ 3 - text ption of figure 3: average daily number of youths in remand, canada: 2003/04 to 2009/: canadian centre for justice statistics, youth custody and community services 4: youth remand rate, all provinces: 2003/04 to 2009/ 4 - text ption of figure 4: youth remand rate, all provinces: 2003/04 to 2009/: number of youths in remand per 10,000 youths in the : canadian centre for justice statistics, youth custody and community services to the ycja, canada had one of the highest youth incarceration rates in the western world. Youth sentences were not required to be proportionate to the seriousness of the offence committed, and custody was often imposed as a sentence in less serious cases. Youth courts sometimes imposed very intrusive sentences on young persons who committed relatively minor offences in an effort to address psychological or social needs. Purpose and principles of ycja includes a specific purpose and set of principles to guide judges in deciding on a fair and appropriate youth sentence. Under the ycja, the purpose of youth sentences is to hold young persons accountable through just sanctions that ensure meaningful consequences for them and promote their rehabilitation and reintegration into society, thereby contributing to the long-term protection of the ic sentencing principles emphasize that a youth sentence must:Not be more severe than what an adult would receive for the same offence;. Deter others from committing offences) were objectives of sentencing under the ycja, despite the fact that they are adult sentencing objectives in the criminal code. The ycja also did not provide for the adult sentencing objective of 2012, parliament amended the ycja to permit a youth sentence to include the objectives of denunciation and specific deterrence. However, the ycja contains significant improvements regarding youth sentencing ycja replaced the usual custody order with a custody and supervision order. This sentence is composed of a portion in custody and a portion in the ycja also introduced a number of new sentencing options that allow youth court judges to deal with the full range of youth crime:Reprimand: a reprimand is essentially a stern lecture or warning from the judge in minor cases in which the experience of being apprehended, taken through the court process and reprimanded appears to be sufficient to hold the young person accountable for the ive support and supervision order: this sentencing option provides closer monitoring and more support than a probation order to assist the young person in changing his or her ance order: this order requires the young person to attend a program at specified times and on conditions set by the judge. The percentage of guilty cases resulting in custody also dropped significantly in all provinces and than half of all custody sentences have been imposed in cases involving relatively less serious offences such as theft, possession of stolen property, mischief, common assault in which no bodily harm was caused and administration of justice ’s overall youth incarceration rate, which includes both custody and detention, has declined by almost 50 percent under the ycja, from 13 youths per 10,000 in 2002-03 to seven youths per 10,000 in 2008-09 (see figure 7). After a significant decline in 2003-04, the youth incarceration rate has been 5: number of custody sentences, canada 2002/03 to 2009/ 5 - text ption of figure 5: number of custody sentences, canada 2002/03 to 2009/: canadian centre for justice statistics, youth court 6: percentage of guilty cases sentenced to custody, canada: 2002/03 to 2009/ 6 - text ption of figure 6: percentage of guilty cases sentenced to custody, canada: 2002/03 to 2009/: canadian centre for justice statistics, youth court 7: youth incarceration rate, canada: 1996/97 to 2008/ 7 - text ption of figure 7: youth incarceration rate, canada: 1996/97 to 2008/: number of youths per 10,000 youths in the : canadian centre for justice statistics, youth custody and community services nearly 100 years prior to the ycja, canada’s youth justice legislation allowed young persons who were 14 years of age or older to be transferred to adult court under certain circumstances. The presumption did not mean that there would be an automatic transfer; it meant that the young person had to attempt to persuade the court that he or she should remain in the youth court. Instead, the ycja established a process whereby the youth court first determines whether or not the young person is guilty of the offence and then, under certain circumstances, the youth court may impose an adult sentence. Offences that can lead to an adult sentence are indictable offences committed when the youth was at least 14 years old, for which an adult would be liable to imprisonment for more than two years. The ycja, as passed by parliament in 2002, also included a presumption that youth 14 or older found guilty of certain serious violent offences would receive an adult sentence. In these circumstances, the onus was on the young person to convince the court that a youth sentence would be 2008 in the case of r. The court found that the presumption of an adult sentence in the provisions of the ycja was inconsistent with the canadian charter of rights and freedoms’ principle of fundamental justice that, in comparison to adults, young people are entitled to a presumption of diminished moral blameworthiness. 2012, parliament removed the presumptive offence scheme from the ycja while retaining crown applications for adult sentences for youth. Court can impose an adult sentence only if (a) the prosecution rebuts the presumption that the young person has diminished moral blameworthiness or culpability and (b) a youth sentence would not be of sufficient length to hold the young person accountable. Young person under the age of 18 who receives an adult sentence is to be placed in a youth facility and may not be placed in an adult correctional facility. Once the young person turns 18, he or she may be placed in an adult ence under the canadian centre for justice statistics does not provide statistics on adult sentences under the y and mentioned previously, a significant weakness of the yoa was that it failed to address effective reintegration of a young person into the community after being released from custody. This includes custody and supervision orders, intensive rehabilitative custody and supervision orders, and youth sentences for murder. If the provincial director with responsibility for youth corrections has ordered the young person to be returned to custody, the court will conduct a review. Reintegration plans and reintegration a young person goes into custody, the ycja requires that a youth worker work with the young person to plan for his or her reintegration into the community. The reintegration plan identifies programs and activities aimed at maximizing the young person’s chances for successful reintegration into the the young person is serving the community supervision portion of the sentence, the youth worker supervises the young person and provides support and assistance in order to help the young person respect conditions and implement the reintegration addition to community supervision and support after release from custody, a young person’s rehabilitation and reintegration back into the community can be promoted prior to release from custody through reintegration leaves. General rule under the ycja is that a young person who is serving a youth custody sentence is to be held separate and apart from adults.
When a young person serving a youth sentence reaches the age of 18, a judge may authorize the provincial director to place the young person in an adult correctional facility if the court considers it to be in the best interests of the young person or in the public interest. The ycja also creates a presumption that if a young person in a youth facility reaches the age of 20, he or she should be transferred from the youth facility to an adult facility to serve the remainder of the sentence. The privacy provisions associated with a youth sentence continue to apply (see section on publication below). In 2012, parliament passed an amendment that provides that a young person who is under the age of 18 at the time of sentencing must be placed in a youth custody facility. Cornerstone of youth justice in canada is that, as a general rule, the identity of a young person should be protected. For example, information that identifies the young person can be published if a youth court has imposed an adult sentence. As amended by parliament in 2012, the ycja also allows publication of identifying information where a youth sentence is imposed for a violent offence if the following requirements are met:The court must take into account the ycja’s general principles as well as the act’s specific purpose and principles of court must determine that the young person poses a significant risk of committing another violent offence and that publishing the identity of the young person is necessary to protect the public against that to the ycja, the youth justice system had been criticized for not adequately recognizing the interests and needs of victims of offences committed by young the ycja, the interests and needs of victims are clearly recognized and the role of victims at different stages of the youth justice process is specified. They are to be treated with courtesy, compassion and respect for their dignity and s have a right of access to youth court s’ participation in community-based approaches to responding to offences is a young person is dealt with by an extrajudicial sanction, the victim of the offence is entitled to be informed as to how the offence was dealt ycja sets out the legislative framework for canada’s youth justice system and provides legislative direction to assist in achieving a system that is fair and criminal justice wikipedia, the free to: navigation, article may require cleanup to meet wikipedia's quality standards. Criminal justice act in respect of criminal justice for young persons and to amend and repeal other youth criminal justice act (ycja; french: loi sur le système de justice pénale pour les adolescents) is a canadian statute, which came into effect on april 1, 2003. Ycja governs the application of criminal and correctional law to those 12 years old or older, but younger than 18 at the time of committing the offence (section 2 of the ycja). Youth aged 12 to 17 may be sentenced as adults under certain conditions, as described later on in the act. The criminal code, section 13, states "no person shall be convicted of an offence in respect of an act or omission on his or her part while that person was under the age of twelve years. Preamble of the ycja recognizes that youth have rights protected by the canadian charter of rights and freedoms, the canadian bill of rights and the united nation's convention on the rights of the ation of principles[edit]. A) addresses the basic principles of the ycja and the ycja's intentions on dealing with young offenders and youth crime. 3] the criminal justice system for young persons must be separate from that of adults and emphasize the following:[1]. I) rehabilitation and reintegration:[1] the implementation of extrajudicial measures instead of more punitive sentences for less serious offences "address the rehabilitative needs of youths within the limit of a proportionate response to the offence". Therefore, “accountability is to occur through the imposition of meaningful consequences and measures that will promote the rehabilitation and reintegration of youth into society”. 6] it outlines the parameters within which the measures taken against a youth offender are set:(i) reinforce respect for societal values[1] by implementing exercises that contribute positively to a youth's rehabilitation. They should be treated with courtesy, compassion and respect for their dignity and privacy and should suffer the minimum degree of inconvenience as a result of their involvement with the ycjs - youth criminal justice system. Part 1 of ycja, extrajudicial measures are used for responding to less serious youth crimes in a timely and effective manner. 11] if a warning, caution, or referral is not appropriate, an extrajudicial sanction may be considered as n 4 of ycja sets out principles that govern the establishment of policies about extrajudicial measures:They are often most appropriate to address youth crime;[12]. Measures are applied by police and crown attorneys with the intention that youth can be held liable through non-court measures for their offence(s). 18(1)[28] of the youth justice committees (yjcs) help in the administering of the ycja by devolving power to the community. For the youth charged with an offence:Recommending an appropriate extrajudicial measure to be support by addressing concerns and mediating between victim and ng community support by arranging for the use of communal services, and recruiting short-term mentors and nating interaction between the youth criminal justice system and any outside agency/group. Advising the federal and provincial governments on policies and procedures related to the youth criminal justice system. Any other task assigned by the attorney general of canada or a provincial ing under the paradigm of restorative justice,[29] yjcs aim to “strike the right balance between accountability and community intervention”[30] yjcs are used extensively in manitoba, alberta and new brunswick. 29] trained members work to create extrajudicial measures for young people, but failure to comply with measures given ultimately results in return to the formal justice system. Youth criminal justice act in section 25(1) gives a youth the right to retain and instruct counsel without delay,[31] which was amended by the canadian charter of rights and freedoms. If the youth does not have a lawyer present at the first court date, the judge must inform the youth of their right of counsel. Before accepting a plea, the court that the young person understands the n the plea n the process of applying a youth young person has right to counsel upon arrest or detention, before a voluntary statement, during consideration of extrajudicial sanctions, and at a hearing.
33] if the youth is denied legal aid for any reason, the court can order that counsel be given to the youth- in order to comply with the right to counsel[34] if at any point the parent's interests and the youth's interests are in conflict, the presiding judge may also order counsel be obtained for the youth[35] even though right to counsel is guaranteed by the youth criminal justice act, studies have shown that youth tend to not take advantage of counsel, leading many to question the validity and authenticity of section 25(1). 38] section 25 of the youth criminal justice act outlines the young individual’s right to counsel, which was amended from the charter of human rights and freedoms. The aim is to protect the youth’s right to counsel in all stages of the youth justice process and ensure the individual understands the justice process. 39] according to the youth justice act section 25 (4): if the young individual is unable to obtain legal assistance or no legal aid program is available, the young offender is able to request counsel. The counsel to represent the young individual is to be appointed by the attorney general according to the section 25(5) of the youth justice act. Canadian charter of rights and freedoms and the youth criminal justice act both hold the right to legal representation for youth. 41] however, when a young person is not represented by counsel at trial or at a hearing, the justice presiding over the case or the youth justice court may allow youth to be assisted by an adult at the request of the young person[42] for this to occur, the youth court of justice or the review board must find an adult who is deemed to be suitable in assisting the young person. 44] it must also be included with other notifications of legal proceedings such as custody continuations, conditional supervision, decision reviews and all youth justice court reviews. 47][48] according to section 146 (2) (b) of the youth criminal justice act, young persons under the age of 18 must have their rights explained by the officer in a language appropriate to their age and level of understanding. Therefore, the officer must assess the accused youth’s ability to understand his or her rights before attaining a statement from the youth. It is imperative that the officer states the rights to the youth in a manner that he or she fully understands due to the fact that the courts will not assess whether the child fully understood the rights inform to them by the officer but whether or not the officer explained their rights at a level appropriate to their age and understanding. Employ such techniques as having the youth repeat or summarize in their own words the rights that were transmitted to them to avoid having any testimonies made by the accused youth waived by the courts. Fundamental paradigm shift from the yoa to the ycja involves the view that deviant youth are now viewed as offenders responsible for their actions. In a similar comparison to that of adults, the youth are encouraged to obtain legal counsel. 51] the youth justice court or review board is required as a legal implication to advise the young person of their right to counsel. The following are some typical situations that warrant such advice: at a hearing for the youth when determining to detain or release the individual, at a youth’s trial, and in situations where the custody of the youth is in question such as conditional supervision and decision reviews. The youth justice court or review board is more specifically required to provide a reasonable opportunity to obtain such counsel and this act is viewed as a mandated judicial measure. 52] a specific difference in comparison to adult courts is the fact that it prohibits criminal proceedings against a youth without the consent of the attorney general. In terms of adult proceedings, it is possible for members of the public to commence proceedings without the authorization of police and the crown attorney; however, that is not the case with youth. While comparing the yoa to the ycja, the former focuses more on a youth’s choice to retain counsel and the role of lawyers in the criminal justice system. In terms of the jda, more focus was placed on a youth being viewed as a misguided individual who required guidance from the courts. The youth criminal justice act, in case of the arrest or detention of a young person, the officer in charge must give notice to a parent either orally or in writing as soon as they possibly can under section 26(1). The rights expressed in the canadian charter of rights and freedoms apply to youths and and adults have the right to obtain immediate legal counsel of their own choice upon arrest or detention. The youth offender also has the right to have his or her parent(s) or guardian(s) present during questioning. 62] the media is allowed to identify the youth who receives a sentence for a presumptive offence. 61] youths who are 12 or 13 at the time of the offense may be sentenced in the same way, only for the following: first degree or second degree murder or ion and bail[edit]. Youths are usually released into the custody of parents or other responsible can be fingerprinted and photographed only when they have been charged with an indictable offence. If the youth is acquitted, these photos and fingerprints must be destroyed to protect the rights of the youth. Otherwise, these records are kept until the youth reaches the age of 18 and then they are to counsel 25(4) and (10)[edit]. If a young offender is ineligible he is represented by a private lawyer at a cost agreed upon by the youth and/or his parents and the lawyer.
For both adults and youths follow the same rules for evidence and are equally formal. 110 of the youth criminal justice act outlines privacy in relation to the identity of young offenders, access to their criminal records, and disclosure of their personal or trial information. Youth criminal justice act trial information can be published in media or print but identifying information (i. 65] this publication ban exists to prevent stigmatization of young offenders, which has been found to hinder the rehabilitation of youth. 65] breaking the publication ban is a criminal offence[67] it is unknown whether publication of identifying information on social networking sites like facebook is a violation of the ban, which has been the source of recent controversy. Ban can be lifted only under exceptional circumstances:When the youth offender receives an adult sentence;[65]. The communication of information other than by way of publication”[69] of youth information is banned under the youth criminal justice act. Ycja allows the public and media to attend the trials of the youths and proceedings may be reported, but the identity of the youth can only be disclosed under special circumstances. If the youth is considered to be dangerous, their picture can be published in the media along with their name. 76] under the yoa, pre-trial detention was on the rise and canada, out of the western countries, had one of the highest youth incarceration rates. Many youth in custody prior to their sentencing were also found guilty more often than youths not in custody. The sentencing judge will also endeavour to impose a sentence that encourages the youth to take responsibility for the consequences of their actions. Cases of very serious crime such as murder, the ycja makes provision for the imposition of an adult sentence upon the youthful offender. 2006 oj 112' (citation is wrong) where the court asserted that a separate youth sentencing process is fundamental to canadian societal notions of r v c. K[2005 scc 78], the supreme court of canada confirmed that youths will receive the most favourable interpretation available of the ycja sentencing provisions . The enactment of the ycja in 2003, a greater number of young persons charged with criminal offences have received the benefit of diversion that was the practice under the former young offenders act. Diversion refers to the broad range of non-criminal sanctions, including community service that if satisfactorily completed by the youth, the subject charge is tal to custody[edit]. For an example, a custodial sentence should not be imposed to achieve rehabilitation purposes or to tackle such social circumstances such as lack of housing or an abusive home n 39 of the youth criminal justice act restricts the use of custodial sentences for young persons[80][81] this means that the young person should not be taken into custody unless the young person or their offence meet certain criteria. Subsection (1) (d) defines one of these criteria and states that custodial sentences may be used in those exceptional cases where the youth has committed an indictable offense. 82] section 38 of the youth criminal justice act states that the young person is to be held accountable for their actions and rehabilitated into society. 2) “if any of 39(1)(a) to (c) apply, a youth justice court shall not impose a custodial sentence under section 42 unless the court has considered all alternatives to custody raised at the sentencing hearing that are reasonable in the circumstances, and determined that there is not a reasonable alternative, or combination of alternatives, that is in accordance with the purpose and principles set out in section 38. 3) “in determining whether there is a reasonable alternative to custody, a youth justice court shall consider submissions relating to:(a) the alternatives to custody that are available;. Above entails that even though a ‘serious offence’ was committed by a youth, it does not automatically equate to time in custody. The presiding official in a youth justice court must review all options other than custody by utilizing the factors outlined in 39 (3). 86] the reason for said sections within the ycja is to reduce the use of custody as a sentencing option, and consequently the number of youth in custody, and to ensure that the most intrusive response to youth offending is only used in serious cases. 87] the inclusion of these sections displays a stark difference between the young offenders act and the ycja as the former did not have such clear preconditions that had to be satisfied prior to the imposition of a custodial sentence and thus large numbers of youth were incarcerated under the young offenders act. A pre-sentencing report is conducted by a government employee who interviews the youth and any significant influences including family members, peers and other important persons who may contribute to their report. This report is a historical outline which may include information regarding the youth’s family background, school history, attitude toward their offence, willingness to engage in available community services, interview with the victim and potentially a suggestive sentence. The pre-sentence report is given to the judge, prosecutor and defence lawyers as well as the youth and any involved parent or guardian before the sentencing hearing. 90] the ycja favours noncustodial sentencing options whenever possible in order to reduce the youth incarceration ution of property is a noncustodial sentencing option.
Sentencing principle (3) (a) of the youth criminal justice act the sentencing of a youth’s punishment should not by any means be harsher or surpass that of the punishment for an adult who has been found guilty of committing the same crime as the youth[94] the reason for this sentencing principle was to eliminate discrepancies that were prevalent in the young offenders act. It was formed on the basis that youth under the young offenders act were receiving longer sentences than adults for the same offences. 2005] a youth plead guilty to arson, breach of a recognisance, and the possession of a weapon. 95] he received a light sentence of six months of deferred custody due to the youth criminal justice act. 95] appeals against this case, state that the youth has committed an indictable offence for which an adult would be imprisoned for a period of two or more years. The sentencing principle 38 (2)(b)of young criminal justice act, the court requires that the sentence imposed must be similar in the region when young offenders are found guilty of the same crime under similar circumstances. This principle addresses unfair disparity of youth sentences, by stating that sentence should be similar, not necessary the same[97] allowing such individualization makes the sentence meaningful for the youth involved and points at any rehabilitative needs required by the young offender. 98] these sentencing principles are meant to be imposed in accordance to additional principles listed out in section 38 (3) which state that in determining the youth sentence, the court shall take in account: the degree of participation of subjected youth in offence, the degree of harm inflicted and intentions of offender, any reparations provided to victim or community by youth offender, any time spent in detention by youth due to offense, any other case of guilt found against the offender, and whether there is any additional aggravating or mitigating information against the offender that might influence the sentence read otherwise. Sentencing principle 38 (2)(c)under the youth criminal justice act states ‘the sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the young person for that offence’[100] sentencing principles clearly explain the basis that establish fair and justifiable sentences. Under the youth criminal justice act punishments are not only limited to jail imprisonment in addition extrajudicial measures are taken such as community services and probation. 103] in addition, the section also states that special concern should be given to youth by taking into account the gender, racial, and cultural differences. He was convicted to one year probation because the judge maintained that he is an extreme aboriginal youth which is a risk to the society. Option 42 (2) (a) sentencing option 42(2) an under the youth criminal justice act is to reprimand the young person. Reprimand is a severe reproof or rebuke in this case by a person of cing option 42 (2)(b) when a young person is found guilty, through a youth justice court, the judge may refer to section 42(2)(b) under the youth criminal justice act. Option 42 (2)(c) sentencing option 42 (2) c under the youth criminal justice act states that a convicted young offender can be discharged on any conditions the court decides to be appropriate. The youth will not be viewed as the offender although the record can be used for three years after finding of guilt in the event that there is a subsequent conviction. Options 42(2)(d) if a young person is found guilty of an offence in a youth justice court, the judge may impose a sentence under section 42 of the youth criminal justice act (ycja). Options 42 (2)(e) section 42(2)(e) under the youth criminal justice act states that the young person must pay to the other person at the time/terms that the court fixes the amount of compensation due to loss of income/support, damage of property etc. Options 42(2)(h) section 42 (2) (h) under the youth criminal justice act is a non- custodial sentencing option that states that the youth justice court (yjc) may order a young offender to compensate the victim in kind or by personal service for a damage, loss, or injury suffered. Options 42(2)(i) in the youth criminal justice act, under sentencing options 42 (2) (i), the court has the option to order a young person to complete community service for a punishment. 124] the community service must be approved by the provincial director of the youth justice court or a person designated by the youth justice court. 57] this type of sentencing is a non custodial sentencing option which is the goal of the youth criminal justice act to not rely on the over use of incarceration for non violent youths. These are the innovations that were created due to the youth criminal justice act, it helps youth to get the best rehabilitation to continue on their lives in society. Options 42(2)(k) section 42(2)(k) under the youth criminal justice act, allows a young person to be placed on probation (as specified by conditions and other matters related to probation orders under sections 55 and 56) for a specified period of time not exceeding two years. The youth justice court prescribes these conditions as an order so the young person will learn to be of good behaviour and appear before the youth justice court when required to do ion is the sentence most frequently imposed by youth justice courts in canada, as the conditions laid out are directly related to the young offenders criminal behaviour. Options 42 (2) (l) to ensure that a young offenders illegal actions are followed by consequences that are “(1)just; (2)have meaningful consequences for the youth; (3) and promote the rehabilitation and reintegration of the youth into society”[129] the youth criminal justice act has instilled several sentencing ing to section 42(2), the twelfth sentencing option for youth is the placement in an (l) intensive support and supervision program. Option encourages the rehabilitation of the youth and should target the specific needs or problems that seem to have contributed to their illegal behaviour. 132] if not available, a probation order will be used along with various conditions to ensure the support and supervision of the youth in question. Sentencing option is a nonresidential program that may be used as an alternative to custody and may be focused at specific high-risk times of day, such as when the youth may be unattended and unsupervised. Pilot attendance centre program in ontario has reported considerable success and was well received by ontario youth court judges.
The absence of such programs a youth court judge may achieve similar ends by attaching specific conditions to a probation order handed down to a young person. Options 42(2)(n) the youth criminal justice act (ycja) states that all custodial sentences must have a mandatory period of supervision in the community. 138] this sentencing option is for convicted youth criminals who are convicted for crimes other than murder, attempted murder, manslaughter, aggravated sexual assault or who are in custody as a result of an ircs (intensive rehabilitative custody and supervision) order. However, the added duration of custody may not surpass the remainder of the youth sentence (s. Options 42(2)(p) under section 42(2)(p) of the youth criminal justice act, a judge may impose a deferred custody and supervision order as a sentencing option. Options 42(2)(q) the youth criminal justice act section 42 (2) (q) outlines the following pertaining to custody and supervision for 1st and 2nd degree murder[151] offenders found guilty of 1st degree murder will get a maximum sentence of 10 years, including a maximum custody period of 6 years and a period of conditional supervision in the community. Aforementioned sentences are not guaranteed as the crown could recommend a harsher adult sentence if the offence meets certain requirements adult sentence)[57] when the youth criminal justice act was introduced the aspect that was publicized was “to respond more firmly and effectively to the small number of the most serious, violent young offenders” because the public was losing confidence in the youth justice system[152] this was the reason for the harsh penalties for 1st and 2nd degree murder however overall the ycja has decreased the amount of youths within jails for non-violent offences substantially. 55 (2) (g) when the youth is sentenced to probation he or she is subject to certain conditions that may be imposed by the judge[157] under section 55 (2) (g) the young offender may be told to “reside at a place that the provincial director may specify”[158] this condition follows 2 other requirements that the young offender also needs to obey by a) keep the peace and be of good behaviour; and b) appear by the youth justice court when required by the court to do so[159] this stated in section 55 (1). This means the director has the power to indicate where they want you to live, moving you from one area to the next depending on the circumstances surrounding the young offender’s n 59: review of non-custodial youth sentences under the young offender’s act, approximately 20% of custody sentences were charged based on “failure to comply” issues surrounding probation orders[160] the youth criminal justice act revised these procedures recognizing that most issues concerning the violation of probation conditions were not criminal acts themselves and that in doing so, were compromising the integrity of the justice system itself. Ycja reveals that a review, “can be issued at anytime after six months of the initial youth sentence or, with leave of a youth justice court judge”[161] (56). And are as follows:(a) on the ground that the circumstances that led to the youth sentence have changed materially;. B) on the ground that the young person in respect of whom the review is to be made is unable to comply with or is experiencing serious difficulty in complying with the terms of the youth sentence;. D) on the ground that the terms of the youth sentence are adversely affecting the opportunities available to the young person to obtain services, education or employment; or. A young person is found guilty of an indictable offence, an offence where an adult would be liable to receive more than two years, an order for an adult sentence shall be imposed on a young offender in the following cases:If the young person indicates that he or she doesn’t want to make an application for a youth sentence or fails to make an indication,[163] or if the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not have sufficient length to hold the young person accountable for his or her offending behaviour in the case of a presumptive offence[163] any other case, if the young person gives notice to the youth justice court that he or she doesn’t oppose the application for an adult sentence,[163] or if the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not have sufficient length to hold the young person accountable for his or her offending behaviour in relation to an offence committed after the young offender has just acquired fourteen years of age. Are a few important changes to ycja compared to the yoa, for example, the transfer process from a youth court to an adult court is eliminated. Instead, the youth court first determines whether or not the young person is guilty of the offence, and then, under certain circumstances, the youth court may impose an adult sentence,[49]. The crown does not seek an adult sentence for presumptive n 65 of the youth criminal justice act (ycja) states that if the attorney general gives notice to the court at any stage of the proceedings that the young offender, who is alleged to have committed a “presumptive offence” (as mentioned above) that an adult sentence would not be sought, the court shall order that the young individual is not liable to an adult sentence; the youth would immediately be tried in youth court and a youth sentence would be imposed. 168] in addition, the age for presumptive offences was lowered to fourteen, causing a lot of doubts have been brought up to whether a fourteen-year-old should be treated in the same fashion as adults, especially when there are other pieces of criminal legislation (proposed and already in existence), recognizing their immature status. Youth criminal justice act defines a serious violent offence as an offence in the commission of which a young person causes or attempts to cause serious bodily harm. 137 of the youth criminal justice act outlines the definitions and consequences of failing to comply with a sentence or disposition, in other words a breach of probation. 174] the youth criminal justice act recognizes that youths have a hard time complying with limits to behaviour and are deserving of a second chance. The youth criminal justice act: new directions and implementation issues" canadian journal of criminology and criminal justice 46(3)231–250. We couldn't find that web page (error 404) - department of justice / nous ne pouvons trouver cette page web (erreur 404) - ministère de la justice". Young people's experience of the canadian youth justice system: interacting with police and legal counsel. Young person's experience of the canadian youth justice system: interacting with police and legal counsel". Origins of the newly proposed canadian youth criminal justice act: political discourse and the perceived crisis in youth crime in the 1990s. Le portail de la justice au canada - votre portail de l'actualité judiciaire au canada avec des articles, actualités, informations pour vous aider". Canadian journal of criminology and criminal justice/revue canadienne de criminologie et de justice penale, 51(2):402. Canadian journal of criminology and criminal justice/revue canadienne de criminologie et de justice penale, 51(2):144. Retrieved july 22, 2009, criminal justice act at the canadian department of ries: canadian federal legislation2003 in canadian lawjuvenile lawcanadian criminal law37th canadian parliamentyouth in canadahidden categories: webarchive template wayback linkspages using web citations with no urlpages using citations with accessdate and no urluse mdy dates from february 2012articles needing cleanup from august 2009all pages needing cleanupcleanup tagged articles without a reason field from august 2009wikipedia pages needing cleanup from august 2009articles containing french-language textall articles with unsourced statementsarticles with unsourced statements from august 2009articles in need of internal mergingwikipedia articles needing clarification from november logged intalkcontributionscreate accountlog pagecontentsfeatured contentcurrent eventsrandom articledonate to wikipediawikipedia out wikipediacommunity portalrecent changescontact links hererelated changesupload filespecial pagespermanent linkpage informationwikidata itemcite this a bookdownload as pdfprintable page was last edited on 8 november 2017, at 05: is available under the creative commons attribution-sharealike license;.
A non-profit criminal justice wikipedia, the free to: navigation, article may require cleanup to meet wikipedia's quality standards. 2011 aug;16(7): justice and health: an argument against proposed changes to the youth criminal justice act. Article in english, french]elliott as, katzman ctthe canadian paediatric society is deeply concerned about the negative effects on the developmental, psychological and emotional health of young offenders if the youth criminal justice act is amended as proposed. Changing canada's youth crime law to achieve stiffer sentences for youth 14 years of age and older who are convicted of serious violent offences is contrary to the united nations convention on the rights of the child. Youth should only serve their sentence in a facility that is exclusively limited to youth, and considers the rights of youth as well as their mental, physical, developmental and educational ds: health care; justice; mental health; youthpmid: 22851896 pmcid: pmc3200388 free pmc articlesharelinkout - more resourcesfull text sourceseurope pubmed centralpubmed centralpubmed central canadapubmed commons home.