1. 12.1 – Criminal law & young people

2. History of Youth Crime Legislation
< 1908
Children 7 years old and over – tried as adults
1908
Juvenile Delinquents Act
1984
Young Offenders Act
2002
Youth Criminal Justice Act

3. Age & Degree of Criminal Responsibility
CLASSIFICATION
RESPONSIBILITY
0-11 years
Child
None
12-17 years
Youth
Partial
18 years +
Adult
Full

4. Legal Rights of Young People
Youths have rights as set out in Charter of Rights & Freedoms
Have additional rights set out in YCJA
Eg. - if arrested, right to a lawyer and parent/adult during questioning
Searches
Contradictions – some judges ruled that parent’s permission to search is sufficient – others say that youth must also provide permission
Search warrants still best option

5. Legal Rights of Young People cont…
School searches
Supreme Court has determined that warrants are not essential for searches in school by school official with reasonable grounds
Publication of identities
Young offender’s names may not be published
However, young offenders given adult sentences may have names published after sentence is pronounced

6. Youth Criminal Justice System
See Figure (p. 367 of text)
Community-based measures
extrajudicial sanctions = participating in community- based programs instead of going to court
Youth justice court
= special court for young people between ages of 12 and 18 who have been charged with a criminal offence

7. Sentencing Options Key sentencing principle:
Hold young person accountable for their actions by imposing a sentence that is fair, meaningful, and helpful in the process of rehabilitation
Sentence must be proportionate to the crime and cannot exceed sentence an adult would receive for same crime

8. Sentencing Options cont…
Youth sentences:
= punishment imposed on a young person that takes into consideration the principles involved in sentencing people under the age of 18
Custody = sentence entailing confinement within a controlled facility; usually imposed on a young person who commits a serious crime
Eg. Group home, wilderness camp, correctional facility
Custody and supervision order = court order that sets out terms and conditions, requiring the youth to spend 2/3 of the sentence in custody and the last 1/3 in the community under supervision

9. Sentencing Options cont…
Open custody = sentence directing youth to stay in a group home or participate in a wilderness camp for a certain period
Secure custody = sentence that incarcerates a young criminal in a special youth facility
Youth worker = person appointed to monitor a youth’s progress in the community
Adult sentences = youth charged with serious crimes may be sentenced as adults
Records
Youth crime records destroyed after period of time

10. Final Thought