Youth Criminal Justice Act
Presented by: Jacqueline Grenon
Ministry of Community Safety and Correctional Services of Ontario
January/2004
Overview of the YCJA
Philosophy of the act outlines the roles & expectations for all those involved
Encourages police, judge, justice, crown attorney, prosecutors, probation officers and youth officers to work with youth
Provides meaningful consequences & holds the young person accountable for their offending behaviour
Promotes successful rehabilitation & reintegration
Overview continued
Focuses on prevention to address root causes of crime
Support youthEncourage community efforts to reduce
crimeProvide more control & ensure more
effective treatment & support for rehabilitation
Preamble
Outlines society’s responsibility to address the needs of young person & prevent youth crime
Legal rights of the youth must continue to be respected
Preamble continued
Speaks clearly to meaningful consequencesProportionate sentencing & accountabilityCriminal law should be used with restraintIncarceration of youth should be reducedHolistic & inclusive approach
Declaration of Principles Sec.3
Youth criminal justice system is intended to promote the long term protection of the public
Prevent crime by addressing the circumstances underlying a Young Person’s offending behaviour
Rehabilitating Young Persons who commit offences & reintegrating them into society
Principles must be used to interpret & apply the principles of the act
Objectives of the Youth System
Prevention & the needs of youth as individualsRehabilitation & reintegrationMeaningful consequencesPromote the long term protection of societyEncourage repair of harm done to victims Involve families, communities, social agenciesRespect gender, ethnic, cultural & linguistic
differencesRespond to the needs of aboriginal youth
Youth Justice Proceedings
Apply the following special considerations:Protected rights & freedomsVictim’s right to informationParents to be informed of measures &
support their children in the process
Extrajudicial *1Measures/Sanctions
Police: (measures) Take no further action Warning Sec 6(1) –
informal Police caution Sec 7 –
formal program needs to be established (measures are monitored by the police
Referral to a community program or agency Sec 6(1)- see note below
Crowns: Cautions Sec 8 – formal
program needs to be established
Extrajudicial Sanctions Sec 10 (same principles apply as under the YOA)
Ex: Court Outreach for Mental Health Services canHelp identify cases appropriate for sanctions.
New Youth Sentences
YCJA under Section 42(2) and include:Reprimand (A)Custody & Community Supervision (N)Custody & Conditional Supervision (O,Q,R)Deferred Custody and Supervision (P )Non-Residential Attendance Program (M)-n/a Intensive Support & Supervision (L)- n/a Intensive Rehabilitative Custody and Supervision
(IRCS) – Mental health cases (High risk of violence)
Conferencing Section 19 & 41
Section 19 - To give advice to a decision maker under the Act (appropriate for mental health cases as well)
Section 41 – When YP found guilty, court may convene a conference for purpose of sentencing recommendations
Increased involvement of the victim & community Can be called at any time prior to sentencing, at any stage of
the proceedings Section 35 – Child Welfare (n/a) under review for
clarification by M.A.G with consultation with Fed government.
Addresses appropriate EJS, conditions for interim release, sentences & reviews, reintegration plans, other matters
Who calls a conference under Section 19? *2 (a&b)
Police Officer Judge ( can also call conf. Under s. 41) Justice of PeaceProsecutorProvincial Director Youth WorkerWorker involved with the Youth in the
Community
Rules on Conferencing sec 41
Needs to be established by the province
Probation Officers may participate in a conference but will not be responsible for coordinating or convening (with exception)
Section 34 Reports – Medical & Psychological
Ordered at any stage of the proceedingsAssessed by a qualified personWritten report must be provided to the
court as requiredFormerly known as Section 13 reportsThis is more common in Phase 1 (under
16)
Pre-trial Detention
Not to be used as a substitute for child protection, mental health or other social measures (i.e. section 35)
Presumption that detention is not necessary for “public safety” if young person could not be sentenced to custody if convicted
Judge is required to inquire about the availability of a “responsible person”
Presumptive “A” Offences
MurderAttempted MurderManslaughterAggravated sexual assault
Same offences defined under the Section 16 of the YOA
Presumptive “B” Offences
At the time of the offence the youth has at least two prior judicial determinations of Serious Violent Offences (SVO)
SVO – for which an adult is liable to imprisonment for 2 years +
Judge endorses the information and indictment to identify a SVO (via hearing)
Sec 42.9 onus on the attorney general to apply on behalf of the young person after the finding of guilt (To declare SVO)
Subject to appealAge of presumption in Ontario is now 14
Non-Presumptive Offences
Any indictable offence for which an adult could receive a sentence of imprisonment for more than 2 years but not presumptive
Onus on crown to make application, to notify youth & the court and to prove an adult sentence is warranted (Section 16 transfer hearing eliminated)
Reintegration Planning
Begins as soon as young person goes into custody
Sets out key supports and most effective program for young persons which will suit their needs
Builds in continuity between custody and community portion of sentence
Realistic goals must be outlined – achievable and not unattainable (least intrusive yet accountable)
CCS order *4(a-b) Probation
7 mandatory conditions Sec 97
Attached to each new custodial sentence
Optional Conditions may be added by the PD prior to release from custody (at least 30 days prior)
Conditions are enforced by PD
Conditions subject to review by PD
Conditions signed-off by PD
2 mandatory conditions Optional order by the Court Optional Conditions
ordered by the Court at sentencing
Enforceable conditions by court
Conditions subject to review by Court process (non – custodial review)
Conditions signed-off by Judge
Custody & Community supervision * (see 4)
Custody 2 levels of custody
remain Secure and open custody Determined by the Court Child Welfare, aboriginal
needs, victims, special needs youth to be considered at all times (incl. Pre-trial detention)
Community Supervision Community supervision
is not Probation Attached to custody
orders PD Delegation includes
adding Optional Conditions
Applicable conditions necessary for successful reintegration planning
Custody and Community cont’d
Section 88 YCJA (includes 24.2(9) YOA)
No Review Board in Ontario Sec 30/31; Progress Report Sec 28(2) ?
Prepared by the Case Manager/Probation Officer
Level of custody determined by the PD on 24.2(9) decisions (from open to secure max 15 days – no change)
Case Management Plan – Community *(6)
A concise and comprehensive case management plan shall be developed and implemented for each young person with a community supervision document or a warrant of committal or detention order.
Shall have documented objectives (in plan and/or on OTIS
CM Plan – Community cont’d…
Documented objectives shall minimally address reintegration factors which are reviewed with the youth as often as required and/or as per local practice and/or policy requirements during their period of custody & during discharge meeting
Continuity of care developed as part of community supervision portion of CCS sentence, and aligned with Probation to follow
Reintegration Factor
Should be based on acquiring relevant and tangible evidence through such methods as interviews with collaterals sources, acquisition of documentation etc.
To confirm sufficient support Even in the absence of a specific condition on
the supervision documentResponsibility of the staff to address targeted
factor(s) with adequate referrals, one-to-one intervention, motivational strategies etc.