The Youth Criminal Justice Act (YCJA) is a federal law in Canada that governs the criminal justice system as it relates to young people between the ages of 12 and 17. Under the YCJA, young people who are found guilty of a crime are generally not treated in the same way as adults, as the Act recognizes that young people are still developing and may be less culpable for their actions. Instead, the YCJA aims to hold young people accountable for their actions while also providing them with opportunities for rehabilitation and reintegration into society.
One of the main principles of the YCJA is that the punishment should fit the crime, and that the punishment should be proportionate to the severity of the offense. This means that the punishment should be appropriate for the age and maturity of the young person, as well as the nature of the offense.
Under the YCJA, there are several different types of punishments that may be imposed on young people who are found guilty of a crime. These include:
Extrajudicial measures: These are measures that are taken outside of the formal court process, and are often used for less serious offenses. Extrajudicial measures may include things like apologizing to the victim, completing community service, or participating in a restorative justice program.
Diversion programs: Diversion programs are alternatives to the traditional court process that allow young people to take responsibility for their actions and make amends without a criminal record. Diversion programs may include things like counseling, education, or rehabilitation services.
Custody and supervision: In some cases, a young person may be placed in custody or under supervision as part of their punishment. This may include being placed in a juvenile detention center, or being placed on probation with certain conditions that must be followed.
Restitution: Restitution involves requiring the young person to pay back the victim for any damages or losses that resulted from the crime. This may include paying for damages to property, or providing compensation to the victim for any injuries or other losses.
It is important to note that the YCJA emphasizes rehabilitation and reintegration over punishment. This means that the goal of any punishment under the Act should be to help the young person understand the harm that they have caused and to encourage them to make positive changes in their behavior. The Act also provides for a range of additional measures that may be taken to support young people as they work to turn their lives around, including education, counseling, and other support services.
Overall, the YCJA seeks to balance the need to hold young people accountable for their actions with the recognition that they are still developing and have the capacity to change. By providing a range of punishments and support services, the Act aims to help young people learn from their mistakes and become productive members of society.
YCJA youth criminal charges in Canada
Ultimately the sentence imposed upon a finding of guilt will be up to the judge and within the limits of the YCJA. Sentencing Options 42 2 h Section 42 2 h under the Act is a non- custodial sentencing option that states that the Youth Justice Court YJC may order a young offender to compensate the victim in kind or by personal service for a damage, loss, or injury suffered. Youth, Crime, and Society: Issues of Power and Justice. In dismissing the appeal, the Court noted that the respondent had made progress in the sex offender treatment program while in prison, whereas he had had difficulty following treatment conditions in the community. Department of Justice Canada. Please see our Are you a lawyer? Daniels 1999 , 130 B. Hello, I feel the Youth Criminal Justice Act YCJA is not tough enough on young offenders in Canada.
Youth Criminal Justice Act Explained for Police Students
Studies have identified that having anti-social associates is the best predictor of criminal behaviour. One example is the decline in prison sentences for serious youth crime, which have decreased by 25 per cent. They are usually used for minor crimes. This information is of a general nature and is not intended as a substitute for professional legal advice. John Howard Society of Canada. It may be argued that the high prevalence of alcohol abuse within some Aboriginal communities can be linked to the historical process of colonization, and that FASD provides a significant contact point with historical disadvantage.
The sentencing judge will also endeavour to impose a sentence that encourages the youth to take responsibility for the consequences of their actions. The most pressing issue in Britain today however, is the social problem of youth delinquency. Officers employ such techniques as having the youth repeat or summarize in their own words the rights that were transmitted to them to avoid having any testimonies made by the accused youth waived by the courts. The YCJA also requires that a proportionate sentence be the least restrictive alternative capable of achieving the purpose of sentencing and the option most likely to rehabilitate and reintegrate the young person. An important factor is that the youth is relatively well behaved at home and has the support of their parents and also is responsive to following instructions from their lawyer. Toronto: Pearson Education Canada. Youth Criminal Justice Law.
Punishments for youth crime aren’t serious enough in Canada
The Youth Criminal Justice Act YCJA sets out what can happen to youth who commit offences. 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. Changes in Custody Following the Enactment Of the Youth Criminal Justice Act. Section 39 of the Act restricts the use of custodial sentences for young persons Act. Sections 25 4 and 10 allow young people to obtain the same rights as adults, in terms of legal counsel, consent, etc. Provinces and territories have the discretion to set the age at which these Crown obligations apply - from 14 to 16 years of age.
Canada: Department of Justice. Reintegration The YCJA recognizes that young people coming out of custody will need assistance in successfully reintegrating into the community. Origins of the Newly Proposed Canadian Youth Criminal Justice Act: Political Discourse and the Perceived Crisis in Youth Crime in the 1990s. Such clients have the best chance of getting the charges against them dropped and in many cases do not belong in the criminal justice system. .
If the police were to interview a youth without giving them the opportunity to have a parent present this would invalidate the statement, particularly if a Notice to Parent had not yet been served. United States of America: Pearson Education Center, 2009. For the full text of these changes, please see. In addition, the leniency of the youth criminal courts ensures that these individuals rarely receive strict convictions. The intensive dispositions -- intensive supervision and support, treatment in the community, and intensive rehabilitative custody and supervision - may be well suited for accommodating youth who have FASD. Without a change in the Youth Criminal Justice Act, we will not find a decrease in the severity of youth crime. The main problem I wish to bring forth is that the majority of serious crime re-offenders have already gone through these programs, which failed to rehabilitate their actions.
Sentencing Options 42 2 c If a young person is found guilty, "By order direct that the young person be discharged on any conditions that the court considers appropriate and may require the young person to report to and be supervised by the provincial director". Separate youth from adults: YCJA aims at separating youth from adults who can drag them to further criminal acts or abuse them. Yes a youth can get an adult criminal record in Canada for behaviour that occurred while they are under age 18. Probation is the sentence most frequently imposed by youth justice courts in Canada, as the conditions laid out are directly related to the young offenders criminal behaviour. Still, there have been more violent youth offences in recent years than ten years ago.
The parent may first find out about the charges via a phone call from the police, or having the police take the child home prior to the Notice to Parent being served, but it must be provided either way. The rights expressed in the Youths and adults have the right to obtain immediate legal counsel of their own choice upon arrest or detention. Sentencing Option 42 2 b When a young person is found guilty, through a youth justice court, the judge may refer to section 42 2 b under the Act. A Guide to the Youth Criminal Justice Act. The presiding official in a youth justice court must review all options other than custody by utilizing the factors outlined in 39 3. The Act provides a much bigger role for the parents and the community. Lenient to youths: The youth criminal justice act is very lenient to the youth making it difficult to reduce youth crimes.
Serious crimes include but are not limited to murder, attempted murder, manslaughter and violent aggravated assault. Your records are wiped out once you turn 18. Youth Offenders Act, pre-trial detention was on the rise and Canada, out of the western countries, had one of the highest youth incarceration rates. Fetal Alcohol Spectrum Disorder and the Youth Criminal Justice System: A Discussion Paper 5. Toronto, ON: Pearson Education Canada. As part of a probation order the judge ordered that a a youth worker with knowledge of FASD should be assigned to work with the offender, and b that a case plan should be prepared to arrange inpatient substance abuse treatment, educational opportunities, and suitable accommodation for the accused in the community. Further, if a subsequent offence occurs after the youth turns 18 the YCJA charge could become part of their permanent adult criminal record.
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