1. Youth Crime

2. Youth and Crime In 1908, Canada enacted the Juvenile Delinquents Act. In 1908, Canada enacted the Juvenile Delinquents Act. Under this act, young offenders were treated like adults: Under this act, young offenders were treated like adults: They were held with adults while awaiting trial and received the same sentences as adults They were held with adults while awaiting trial and received the same sentences as adults

3. In 1984, it was replaced by the Young Offenders Act In 1984, it was replaced by the Young Offenders Act This act didn’t last very long This act didn’t last very long It was criticized for being too lenient on certain offenders – especially violent crime It was criticized for being too lenient on certain offenders – especially violent crime

4. The YCJA On April 1, 2003, the Youth Criminal Justice Act (YCJA) came into force, replacing the Young Offenders Act (YOA). On April 1, 2003, the Youth Criminal Justice Act (YCJA) came into force, replacing the Young Offenders Act (YOA). It was supposed to address the shortcomings in the YOA, with a special focus on diversion and re-integrating young people back into society It was supposed to address the shortcomings in the YOA, with a special focus on diversion and re-integrating young people back into society

5. The YCJA applies to youths between the age of 12 and 17 (You’re legally an adult on your 19 th birthday) The YCJA applies to youths between the age of 12 and 17 (You’re legally an adult on your 19 th birthday) There are several major differences between how young people are treated by the law. The objectives are different. There are several major differences between how young people are treated by the law. The objectives are different.

6. The objectives of the youth justice system to prevent crime to prevent crime rehabilitate and reintegrate young persons into society rehabilitate and reintegrate young persons into society ensure meaningful consequences for offences ensure meaningful consequences for offences

7. Some of the major differences between youth justice and adult justice

8. Measures of accountability are different – because teens are considered less mature than adults Measures of accountability are different – because teens are considered less mature than adults Basically, young people are held less accountable for their actions Basically, young people are held less accountable for their actions The punishment levels differ as a result The punishment levels differ as a result

9. Procedural protections are enhanced Procedural protections are enhanced This principal includes things such as publication bans – the names of young offenders can only be published in rare circumstances This principal includes things such as publication bans – the names of young offenders can only be published in rare circumstances

10. Rehabilitation and reintegration are given special emphasis Rehabilitation and reintegration are given special emphasis Imprisonment is considered a last resort under the YCJA. It is reserved only for repeat and violent offenders Imprisonment is considered a last resort under the YCJA. It is reserved only for repeat and violent offenders

11. The idea is to keep young people out of jail… but to still provide meaningful consequences for their actions The idea is to keep young people out of jail… but to still provide meaningful consequences for their actions In fact, many cases are kept out of court altogether. Police are encouraged to try all possible options before proceeding with criminal charges In fact, many cases are kept out of court altogether. Police are encouraged to try all possible options before proceeding with criminal charges

12. This is a controversial aspect of the bill. Many critics say it is far too lenient on youth crime This is a controversial aspect of the bill. Many critics say it is far too lenient on youth crime

13. If a case does proceed to court, there are many sentencing options for youth court judges If a case does proceed to court, there are many sentencing options for youth court judges These are divided into custodial and non-custodial These are divided into custodial and non-custodial

14. Non-Custodial Sentencing Options

15. Reprimand This is essentially a strongly-worded, formal scolding from the judge. (Not even a slap on the wrist). This option should only be used in minor cases, where the act of being arrested and taken through the court proceedings may be enough to discourage the youth from re-offending. This is essentially a strongly-worded, formal scolding from the judge. (Not even a slap on the wrist). This option should only be used in minor cases, where the act of being arrested and taken through the court proceedings may be enough to discourage the youth from re-offending.

16. The judge may also use this sentence to send a message to the prosecution, implying that the case should have been diverted. The judge may also use this sentence to send a message to the prosecution, implying that the case should have been diverted.

17. Fines Youths may be fined up to $1000 for an offence. Youths may be fined up to $1000 for an offence.

18. Compensation The court may order a young person to compensate another person for loss, damage or injury The court may order a young person to compensate another person for loss, damage or injury

19. Community Service The court may order a young person to perform community service that does not exceed 240 hours of service that can be completed within twelve months The court may order a young person to perform community service that does not exceed 240 hours of service that can be completed within twelve months

20. Probation a young person may be placed on probation for up to two years. The judge has some discretion in attaching conditions to a person’s probation. a young person may be placed on probation for up to two years. The judge has some discretion in attaching conditions to a person’s probation.

21. These may include: attending school, residential restrictions, refraining from drugs and alcohol and the wearing of funny-looking hats. About 1/5 of all youth custody cases are the result of people not meeting conditions of their probation. These may include: attending school, residential restrictions, refraining from drugs and alcohol and the wearing of funny-looking hats. About 1/5 of all youth custody cases are the result of people not meeting conditions of their probation.

22. Custodial Sentencing Options

23. One of the aims of the YCJA IS to reduce the incarceration rates among young people, especially in the case of non- violent offences. One of the aims of the YCJA IS to reduce the incarceration rates among young people, especially in the case of non- violent offences. Some supporters of the act say that without the necessary funding and infrastructure in place, diversion programs and non-custodial sentencing are doomed to failure. Some supporters of the act say that without the necessary funding and infrastructure in place, diversion programs and non-custodial sentencing are doomed to failure.

24. Deferred custody This is a new sentencing option under the YCJA This is a new sentencing option under the YCJA A deferred custody and supervision order may be for a specified period that is less than six months A deferred custody and supervision order may be for a specified period that is less than six months

25. During that time, the young person is in the community and must follow conditions set by the youth justice court judge. A breach of conditions may result in a modification of the conditions. During that time, the young person is in the community and must follow conditions set by the youth justice court judge. A breach of conditions may result in a modification of the conditions.

26. Custodial Sentences for Most Offences

27. The maximum length of the custody and supervision order for most offences is two years. The maximum length of the custody and supervision order for most offences is two years. For offences for which an adult would be liable to life imprisonment (attempted murder, manslaughter, and aggravated sexual assault)the maximum youth sentence is three years. For offences for which an adult would be liable to life imprisonment (attempted murder, manslaughter, and aggravated sexual assault)the maximum youth sentence is three years.

28. Murder The maximum length of the order is ten years for first-degree murder and seven years for second-degree murder. The maximum length of the order is ten years for first-degree murder and seven years for second-degree murder. Murder convictions must carry some term of imprisonment. It is the only offence under the YCJA where a prison term is mandatory Murder convictions must carry some term of imprisonment. It is the only offence under the YCJA where a prison term is mandatory

29. Pirating DVDs Youths caught trading in illegal DVDs or illegally downloaded music may be locked in a small room and forced to listen to Celine Dion’s greatest hits (on repeat) for up to six months. Youths caught trading in illegal DVDs or illegally downloaded music may be locked in a small room and forced to listen to Celine Dion’s greatest hits (on repeat) for up to six months.

30. There is a new provision in the YCJA that allows some serious offenders to be sentenced to intensive rehabilitation. There is a new provision in the YCJA that allows some serious offenders to be sentenced to intensive rehabilitation.

31. This youth-only form of intervention is an attempt to prevent young people from becoming “career” criminals. It may also apply to offenders with a mental or psychological disorder. This youth-only form of intervention is an attempt to prevent young people from becoming “career” criminals. It may also apply to offenders with a mental or psychological disorder.

32. Adult Sentences Under the YOA, if a 16 or 17-year-old was charged with murder, attempted murder, manslaughter or aggravated sexual assault, it was presumed that he or she would be transferred to the adult court and, if convicted, would receive an adult sentence. Under the YOA, if a 16 or 17-year-old was charged with murder, attempted murder, manslaughter or aggravated sexual assault, it was presumed that he or she would be transferred to the adult court and, if convicted, would receive an adult sentence.

33. Under the YCJA, there is no transfer process. The case is heard in youth court, but the judge may apply an adult sentence for the cases mentioned above. Under the YCJA, there is no transfer process. The case is heard in youth court, but the judge may apply an adult sentence for the cases mentioned above. The age at which the presumption of an adult sentence applies is lowered to 14. The age at which the presumption of an adult sentence applies is lowered to 14.

34. The test for an adult sentence requires the court to determine whether a youth sentence would be of sufficient length to hold the young person accountable. The test for an adult sentence requires the court to determine whether a youth sentence would be of sufficient length to hold the young person accountable.

35. If a youth sentence would be of sufficient length to hold the young person accountable, the court must impose a youth sentence. If a youth sentence would be of sufficient length to hold the young person accountable, the court must impose a youth sentence.

36.  A young person under age 18 who receives an adult sentence is to be placed in a youth facility unless it would not be in the best interests of the young person or would jeopardize the safety of others.

37. http://www.cbc.ca/news/background/crim e/ycja.html http://www.cbc.ca/news/background/crim e/ycja.html