YCJA
THE YOUTH CRIMINAL JUSTICE SYSTEM
JOHN HOWARD SOCIETY
ROLE IN THE CRIMINAL JUSTICE SYSTEM
• Provides public education about the law, especially the YCJA, consequences of crime and the impact of crime on community, victims and offenders
• Work with adult and youth offenders to help reintegrate them back into the community
• Call for fair and humane measures in our criminal justice system
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HISTORY OF YOUTH JUSTICE IN CANADA
• Canadian Criminal Law is derived from English Common Law and provided the framework for the treatment of young people who broke the law in Canada
• No separate system for young people
THE JUVENILE DELINQUENTS ACT (1908)
• Applied to children age 7 to a maximum age that varied from province to province
• Created a separate juvenile justice system with separate courts to concentrate on the specific needs and interests of children
• The Juvenile Delinquents Act did not have procedural safeguards involved in the juvenile justice system
THE YOUNG OFFENDERS ACT (1984)
• Applied to youth 12 to l7 years of age• Restricted its jurisdiction to criminal matters • Youth were held responsible and accountable for their
criminal behaviour• The term juvenile was no longer used but was
replaced with the term young offender• Youth were given legal rights
A DEMAND FOR CHANGE(1990s)
PUBLIC PERCEPTION
• Youth crime was on the rise and growing
more violent
AND ALSO
• Discontent over the maximum length of sentence a young offender could receive under the Young Offenders Act for a serious crimes
Youth Court Judges Imposing Custody In Canada And The US
(1997)
0
200
400
600
800
1000
1200
Canada United States
Rate
The overall rate per 100,000 age 12-17
STRATEGY TO YOUTH JUSTICE
• Reduce over-reliance on incarceration for nonviolent offences• Use other intervention approaches that could
be more effective (rehabilitation)
STRATEGY
• Provide less serious consequences for minor & nonviolent offences
• Provide specific measures for violent and repeat offenders
MEANINGFUL CONSEQUENCES
YOUTH CRIMINAL JUSTICE ACT (2003)
• Defines the procedures and consequences used with young people who have broken the law
• Applies to young people between the ages of 12 to 17
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Youth Criminal Justice Act
CRIMINAL CODE OF CANADA
• Describes offences considered to be crimes
• Describes punishments for adults who commit crimes
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DECLARATION OF PRINCIPLEPage 70
The purpose of the youth criminal justice system is intended to protect the public by:
•Holding young people accountable through measures that are proportionate to the seriousness of the offence
•Promote rehabilitation and reintegration
•Support the prevention of crime by referring young persons to programs in the community to address the circumstances underlying their offending behaviour
PRINCIPLES
The criminal justice system for youth must be separate from the adult system and recognizes a young person’s reduced level of maturity
(diminished moral blameworthiness or culpability)
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EXTRAJUDICIAL MEASURES UNDER YCJA
Instead of laying charges the Police Officer must first consider giving a verbal warning, written caution, or referral to a community program
The Police must keep a record of any extrajudicial measure they use to deal with a young person
CROWN PROSECUTOR
The Prosecutor may send a letter (caution) to the youth and parents or use extrajudicial sanction (program) A youth’s history of extrajudicialsanctions can now be consideredwhen sentencing a young person
to custody
EXTRAJUDICIAL SANCTION PROGRAM
The Prosecutor can send the case to a…
YOUTH JUSTICE
COMMITTEE (MEASURES CAN INCLUDE)
• Community service work
• Compensation to the victim
YOUTH SENTENCES
A charge is laid against the
youth and the youth must appear in YOUTH JUSTICE COURT
SENTENCING PRINCIPLES
When a Judge is sentencing a young person and considering the seriousness of the offence and the degree of responsibility of the young person, the sentence may denounce unlawful behaviour and deter young person from committing further offences
SENTENCING PRINCIPLES
A young person can be sentenced
to a prison term for a violent
offenceViolent offence included any offence where a person has caused, threatened to attempted to cause bodily harm or created a substantial likelihood of causing bodily harm (reckless behaviour)
YOUTH SENTENCES
• Reprimand• Absolute Discharge• Conditional Discharge• Fine• Compensation• Restitution• Pay Purchaser• Personal Service
LAWS
YOUTH SENTENCES CONTINUED
• Prohibition• Probation• Attendance Order• Intensive Support & Supervision• Custody and Supervision Order• Deferred Custody & Supervision Order• Intensive Rehabilitative Custody &
Supervision Order
ADULT SENTENCES14 – 17 years of age
SERIOUS VIOLENT OFFENCE
• First Degree Murder• Second Degree Murder• Attempted Murder• Manslaughter• Aggravated sexual assault
THE PROSECUTOR MUST SEEK AN ADULT SENTENCE FOR A YOUNG PERSON WHO
HAS BEEN CONVICTED OF A SERIOUS VIOLENT OFFENCE
THE JURY
For offences where a young person may receive an adult sentence, he/she may elect to be tried by a Judge and Jury (made up of twelve people
PUBLISHING NAMES OF YOUNG PEOPLE
• The young person is given an adult sentence• The young person has received a
youth sentence for a violent offence
• Upon application by a peace officer,
the judge is satisfies that the young
is a danger to others and publication
of the information is necessary to assist in apprehending the young person
LEGAL RIGHTS
1. Right to know why you are being arrested2. Right to talk to your parents trusted adult or a lawyer3. Right to have a lawyer and to be represented by him/her 4. Right to have your parents/trusted adult if you
choose to make a statement to the police5. The right to remain silent
YOUTH RECORDS
• Youth Justice Court Records• Government Records• Police Records
Police are required to keep records ofany extrajudicial measures that they use with
young persons
YOUTH CRIMINAL RECORD
• Name will remain in
C.P.I.C. computer for the
following length of time:
C.P.I.C.
• Summary offence – 3 years
after completion of sentence
• Indictable offence – 5 years after completion of sentence
CONSEQUENCES OF A CRIMINAL RECORD
(may affect youth in the following ways)
Travel
Employment
Attendance
at a College or
University
Volunteer
Work
PROGRAMS FOR ABORIGINAL YOUTH
ALTERNATIVE PROGRAMS FOR ABORIGINAL YOUTH SUCH AS SENTENCING CIRCLES (OFFENDER, VICTIM AND ELDERS FROM THE ABORIGINAL COMMUNITY MEET)
INVOLVEMENT
YOUTH• Do not exclude anyone• Encourage each other• Mentor someone at school
PARENTS• Pay attention to what is going on in
the lives of our children
VICTIMS• Victim Impact Statement
COMMUNITY • Support our youth• Youth Justice Committee• Volunteer for Advocacy
Organization• Jury Duty