[140], Section 42(2) (o) also asserts the ability of the court to decide the duration of conditional supervision. The Youth Criminal Justice Act (YCJA) is an act in respect of criminal justice for young persons and to amend and repeal other acts. / C.D.K[2005 SCC 78], the Supreme Court of Canada confirmed that youths will receive the most favourable interpretation available of the Act's sentencing provisions . Retrieved July 24, 2009. Results: match 0 of 0 provisions. [109] However, if the young person fails to abide by the conditions of probation, the offender can be convicted of the original offence and be sentenced.[110]. Section 65 of the Act 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. 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. Retrieved July 24, 2009, from Department Justice of Canada, Department of Justice Canada. Department of Justice Canada.2008. Retrieved July 23, 2009, Department of Justice Canada, Michele Peterson, R.A. "Young Person's Experience of the Canadian Youth Justice System: Interacting with Police and Legal Counsel". [148] At least one month prior to the expiration of the custodial portion of the sentence, the YJC sets conditions of the young person's conditional supervision[148], The aforementioned sentences are not guaranteed as the Crown could recommend a harsher adult sentence if the offence meets certain requirements Adult Sentence)[58] When the 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[149] This was the reason for the harsh penalties for first- and second- degree murder, however, overall, the Act has decreased the number of youths within jails for non-violent offences substantially.[149]. Minaker, Joanne and Hogeveen, Bryan. The young person accepts responsibility for the crime; There is sufficient evidence for the Crown to proceed with the charge(s) and prosecution; The young person denies being involved in the offence; The young person fails to be allowed into the program, Recommending an appropriate extrajudicial measure to be used, Victim support by addressing concerns and mediating between victim and offender, Ensuring community support by arranging for the use of communal services, and recruiting short-term mentors and supervisors, Coordinating interaction between the youth criminal justice system and any outside agency/group, Ensure that the young person understands the charge, Explain the process of applying a youth sentence. July 26, 2009. Minacker, Joanne C. and Bryan Hogeveen. Upon arrest or detainment, these rights must be explained in clear and understandable language. [129] If not available, a probation order will be used along with various conditions to ensure the support and supervision of the youth in question. [58] Section 39 (1) (a) specifically places restrictions on the use of custodial sentences for non-violence offences[78] unless the offender has a history of failing to comply with noncustodial sentences, has an extensive pattern of non-violent offending, or other exceptional circumstances. [55] The notice must include under section 26(6) the following information: (a) the name of the young person (b) the charge against the young person and (c) a statement that the young person has the right to be represented by counsel. [114] This entails that the courts must have regard to the means of how the young offender will pay, as well as the ability for the young offender to be granted more time to complete the sentence. Or, the province may establish a program under which the young offender can discharge a fine under para, the percentage imposed under s53(1) or Victim fine surcharge under s 53(2) which is only attainable by earning credits for work in the program of the province the young offender resides. The extension may not exceed the remainder of the youth sentence. - Public Legal Education Association of Saskatchewan, Retrieved July 26, 2009. Department of Justice. Trahan, Dominique. [79], Reports for sentencing hearings are used in more serious cases in order to assist in determining an appropriate sentence. Origins of the Newly Proposed Canadian Youth Criminal Justice Act: Political Discourse and the Perceived Crisis in Youth Crime in the 1990s. [81] Section 38 of the Act states that the young person is to be held accountable for their actions and rehabilitated into society. Legal Representation under the Young Offenders Act. Retrieved July 27, 2009, from Youth Criminal Justice Act, Department of Justice Canada. "Youth Court Statistics" Canada: Centre for Justice Statistics. "Types of Extrajudicial Measures." The Youth Criminal Justice Act (YCJA) provides unique rights and procedures for young people between the ages of 12 - 17 who are charged with a criminal offence in Canada. However, the compensation must not conflict with the young offender's regular schedule of education and work. (December 13, 2008). Many youth in custody prior to their sentencing were also found guilty more often than youths not in custody. "The Youth Criminal Justice Act: Summary and Background." The new legislation attempts to balance the legalistic framework of the Young Offenders Act and the social needs approach underlying the Juvenile Delinquents Act. Sentencing Option 42 (2) (a) Department of Justice Canada.2008. Retrieved July 22, 2009, from Department of Justice Canada. Restitution of property is a noncustodial sentencing option. "Department of Justice-legal rights", Retrieved July 22, 2009. "Sentencing" Corrections & Public Safety, Retrieved July 24, 2009. Valiquet, Dominique (2007). 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. In England and Wales the age is 10. The Youth Criminal Justice Act is the law that governs Canada’s youth justice system. Retrieved July 23, 2009. Media Law for Canadian Journalists. [45], Every accused person in Canada has the right to be informed of their rights and what they are being charged of, according to the legal rights of the Arrest and Detention section of the Charter of Rights and Freedoms. Sentencing Principles (Subsection 38(2))" Department of Justice Canada, Retrieved July 25, 2009. 2. 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,[48], When the Crown does not seek an adult sentence for presumptive offence Department of Justice Canada.2008. S.C. 2002, c. 1. Second Edition: British Columbia. "Non-Custodial Sentencing Options". f. Any other task assigned by The Attorney General of Canada or a provincial minister, Operating 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. "The Youth Criminal Justice Act Canada: Department of Justice Canada. Department of Justice Canada. Sentencing Options 42(2)(k) Encourage families and members of the community to get involved in implementing the measures. [46][47] According to section 146 (2) (b) of the 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. [82], The above entails that even though a 'serious offence' was committed by a youth, it does not automatically equate to time in custody. Police are the first officials to be encountered within the system and possess the power to use discretion in deciding whether to issue a warning, a police caution, or a charge. By responding to the needs of young aboriginal offenders, the focus of this section directs the court to use less harsh custodial sentences except when the offender poses a great threat to the public. [57] Both sections 26(1) and 26(2) are subject to subsection 26(4), which states that if the whereabouts of the parents of the young person are not available, notice may be given to an adult who the person giving the notice considers appropriate. [6] It outlines the parameters within which the measures taken against a youth offender are set: Subsection (d) describes the special considerations for criminal proceedings against young persons. A set of amendments to the YCJA was adopted by Parliament in 2012. [164] 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. The Youth Criminal Justice Act, which was proclaimed in force on 1 April 2003, replaces the Young Offenders Act. Department of Justice Canada. In a similar comparison to that of adults, the youth are encouraged to obtain legal counsel. Retrieved July 22, 2009. In terms of the JDA, more focus was placed on a youth being viewed as a misguided individual who required guidance from the courts. [92], Under the sentencing principle 38 (2)(b)of the 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. (December 12, 2008). (December 13, 2008) Youth Sentencing options. Retrieved July 25, 2009. Department of Justice Canada, 2008. Youth Sentencing Options. YJCs facilitate interaction between the victim and offender, and recommend appropriate programs/services to treat their situation. Retrieved July 27, 2009. The court may only issue this order if any of the following criteria are met: This section applies to young people ages twelve to seventeen as long as one or more of these conditions are met. [119] The order to provide personal service to the victim can be assigned for any number of hours but is limited up to 240 hours. (2) When a youth justice court finds a young person guilty of an offence and is imposing a youth sentence, the court shall, subject to this section, impose any one of the following sanctions or any number of them that are not inconsistent with each other and, if the offence is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, the court shall impose … Thus the more serious the offence is the more severe the punishment will be. Department of Justice Canada. Youth Criminal Justice Law. July 26, 2009. Contains some of the same themes as the YCJA. Therefore, we have a separate law, now the Youth Criminal Justice Act (the “ YCJA ”), to govern how we respond to young persons who commit criminal offences. (2002). [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. - Public Legal Education Association of Saskatchewan, Retrieved July 23, 2009. 39. In R v C.D. Since the enactment of the Act 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. 2003. Under the Act, prior to conviction, detention is prohibited and deemed unnecessary. [170] The Act recognizes that youths have a hard time complying with limits to behaviour and are deserving of a second chance. Retrieved July 26, 2009, Bala, Nicholas. [32] 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[33] 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[34] Even though right to counsel is guaranteed by the 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).[35]. 2009. "The Youth Criminal Justice Act: Section 72." C.D. Sentencing In Canada. 46(3). "Part 4 Sentencing: Youth Sentences." Publication is defined in the YCJAas the communication of information by making it known or accessible to the general public through any mea… [131], A Pilot attendance centre program in Ontario has reported considerable success and was well received by Ontario youth court judges. Retrieved July 22, 2009, "Youth Criminal Justice Act: Scope and Principle", "Legislative Summaries (2007/12/13). [65], Disclosure ("the communication of information other than by way of publication"[68] of youth information is banned under the Act. 2002. " Peterson-Badali, M., Care, S., & Broeking, J. Department of Justice Canada. [134], If a condition laid out by the judge or other officials is broken, or not met appropriately while under supervision in the community, reviews are held which determine whether the young offender's conditions should be changed or if he or she should be sent back into custody. [148] Offenders found guilty of 2nd Degree Murder will get a 7-year maximum sentence including a maximum custody period of 4 years and a period of conditional supervision in the community. Sentencing Options Table, YCJA,Section 42. The intent of this sentencing option is to provide more support than probation[128] and is often used to promote the use of community-based and rehabilitation sentences. The delivery of legal counsel has two primary models: Judicare and Staff delivery model text to display. [169] These orders can include failure to report to and be supervised by the provincial director when on probation, failure to perform community service plus many more stated in section 42(2) of the act. (December 13, 2008). ; [2005] a youth plead guilty to arson, breach of a recognisance, and the possession of a weapon. It applies to a young person, or youth, who is or who appears to be 12 years old or older, but who is less than 18 years old and who is alleged to have committed an offence as a youth. 2008. "The Youth Criminal Justice Act: Summary and Background." [144] A deferred custody and supervision order means that the young offender will not go into custody but will serve their sentence under supervision in the community with a set of strict conditions. The Act 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. Youth, Crime, and Society: Issues of Power and Justice. Page 186. The supervision order may be up to half as long as the custodial period. [104] An absolute discharge, under section 42(2)(b), in accordance with 82(2), constitutes a termination of the sentence of a young person in respect of an offence in which a young person is found guilty. The Youth Criminal Justice Act sets out the principles, procedural rules and sentences in criminal proceedings under the Criminal Code, or other federal laws, that apply to young persons aged 12 to 17 at the time of the offence. The order will be for six months or less and must be considered a just sanction that has meaningful consequences and will promote the young offender's rehabilitation and reintegration into society and contribute to the long-term protection of the public. Section 39 of the Act restricts the use of custodial sentences for young persons[79][80] This means that the young person should not be taken into custody unless the young person or their offence meet certain criteria. pg 101–102 in Youth, Crime and Society:Issues of power and Justice. [146] When a young person is found guilty, through a youth justice court, the judge may refer to section 42(2)(b) under the Act. [136], The length of the custodial sentence and supervision order combined must not exceed two or three years, depending on the type of offence. The offender then has the following options, he or she may be ordered to pay a victim fine surcharge (up to 15%) which contributes to assisting the victims of the crime. Web. "The Operation of the youth criminal Justice System". The Act requires that the personal circumstances of the young person be considered before ordering a sentence. Retrieved July 22, 2009. John Howard Society. Minaker, Joanne C. & Hogeveen, Bryan. Provide an effective and timely response to offending behaviour outside of judicial measures. Crown cautions are similar to police cautions but prosecutors give the caution after the police refer the case to them. Retrieved July 26, 2009. "Factors influencing police attitudes toward extrajudicial measures under the Youth Criminal Justice Act". Extrajudicial sanctions can only be used if: Extrajudicial sanctions cannot be used if: Section 18(1)[28] of the Youth Justice Committees (YJCs) help in the administering of the Act by devolving power to the community. [145] If these conditions are not followed, then the conditions may be changed and the young person may be ordered to serve the balance of the sentence in custody. The maximum period for an intensive rehabilitative custody and supervision order is 2 years, unless the adult penalty for the offence is imprisonment for life, in those cases the maximum period is 3 years. The Act states that all custodial sentences must have a mandatory period of supervision in the community. Retrieved July 23, 2008. "The Operation of the Youth Criminal Justice System." Rock, Nora. 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.[58]. 2008. Department of Justice Canada. John Howard Society of Canada. Understanding the Youth Criminal Justice Act. [52], Sections 25(4) and (10) allow young people to obtain the same rights as adults, in terms of legal counsel, consent, etc. [77] The purpose of this section is to provide specific guidance to judges who are considering imposing a custodial sentence with the principal focus of reducing Canada's "over-reliance on the incarceration of non-violent young persons". Department of Justice Canada. They are usually used for minor crimes. Part 3- Judicial Measures ss. 2008. 2005. In some jurisdictions, it is expected that police cautions will be in the form of a letter from the police to the young person and the parents, or they may involve a process in which the young person and the parents are requested to appear at a police station to talk to a senior police officer. [20] Further, although it appears that the charge has "gone away", if the youth reoffends the sanction can be brought up at the next hearing. Canadian Journal of Criminology and Criminal Justice, Retrieved July 21, 2009. Barnhorst, R., (2006). Sentencing Options 42(2)(r). Child Protection and Canadian Law: A Service Perspective, Retrieved July 26, 2009. "Sections of the Youth Criminal Justice Act of Special Interest to Law Enforcement." Abstain from owning, possessing or carrying a weapon, the young person has been found guilty of murder, attempted murder, manslaughter, aggravated sexual assault, or a third serious violent offence, the young person is found to be suffering from a mental or psychological disorder, an individualized treatment plan for the young person has been developed, the provincial director has determined that an intensive rehabilitative custody and supervision program is an available and suitable option, 1st Degree Murder: maximum period is 10 years including a maximum custody period of 6 years and a period of supervision in the community, 2nd Degree Murder: The maximum period is 7 years including a maximum custody period of 4 years and a period of supervision in the community. 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