1. YOUTH JUSTICE

2. Principles
Protection of society is the most important objective – achieved through prevention, meaningful consequences, and rehabilitation.
Young people should be held responsible, but should be treated separately from adults under criminal law.
Parents and victims must have a role in the youth justice system.

3. YOA Young Offenders Act (1984), amended
Ages inclusive, “criminal approach”
Replaced the Juvenile Delinquents Act of Ages or 18. “Welfare approach”

4. YCJA
Youth Criminal Justice Act. Passed February In effect April 2003.
Is criminal law – offences under the Criminal Code and other federal laws
For youth ages 12 to 17 inclusive
Why these ages?
Minimum age 12- under 12 too young to form criminal intent
Maximum age 18th birthday– keeps criminal and civil law in line, uniform age across Canada, more opportunity for rehabilitation

5. Trial Procedures All trials conducted in Family or Youth Court
All trials are conducted by a judge, no preliminary hearing ( unless adult sentences are sought)
Public and press may attend hearings, media may report proceedings- not identity of youth
Adult sentences are possible for youth who are 14 at the time of the offence and committed a violent crime – no longer automatic for 14 year olds accused of “presumptive” offences ( age is reduction from YOA, but prov. can opt out)

6. RIGHTS OF THE YOUNG OFFENDER
+ Police have alternatives other than arrest for a suspect who is a youth
+ Extrajudicial sanctions -apologies, compensation, community service
Legal rights of Charter apply to youth
+ Right to have lawyer and adult present for questioning

7. Rights continued...
+ “ voluntary statements” -protects youth from being questioned improperly
Right to appeal a sentence
+ Identity of youth protected

8. SENTENCING OPTIONS Section 38 of the YCJA
Main principle- hold youth accountable with sentence that is fair, meaningful and helpful in process of rehabilitation
Judge will examine pre-sentence report (report containing background info about the youth) before sentencing a youth
psychological or medical assessment may be required

9. Factors considered before sentencing:
extent to which the youth participated in offence
harm done to victim and community
any reparation youth has made to victim
time already spent by youth in detention
past crimes of youth
content of victim impact statement

10. SENTENCES
All community based sentencing options must be considered other than custody
Absolute or conditional discharge
Probation
Fines
Compensation
Personal/ community service
Custody- open, closed

11. Sentencing
custody and supervision order- court order that specifies conditions of custody ( 2/3 of sentence spent in custody and 1/3 spent in community under supervision)
youth worker- a person appointed by the government to monitor the youth’s progress in the community
post-custody supervision is aimed at helping youth reintegrate into society

12. Sentencing
In most cases probation, custody, supervision will not exceed 2 years ( more serious offences - 3 years)
1st degree murder - max.10 years, 2nd degree murder - max. 7 years

13. l
Crown seeks an adult sentence if youth sentences are not adequate to hold youth accountable
youth must be 14 at the time of the offence
factors considered: youth’s background, offence, age, maturity, character of accused
youth must be notified before trial

14. Continued…. youth has right to preliminary hearing and trial by jury
if under 18 will serve time in youth facility
youth given adult sentence for murder are eligible for parole earlier than an adult
At any stage in sentencing, court may refer the case to a conference to determine most appropriate sentence ( meeting of youth, parents, victim, professionals/ member of the community)

15. RECORDS
Records involving extra-judicial measures are destroyed after 2 years if no further offences
access to records - youth, parents, police, those involved in extra-judicial measures
victims and schools may have limited access