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.
Youth Criminal Justice Act (YCJA)
Behavioural Sciences and the Law, 17: 455—465, Obtained July 27, 2009. If the minor commits one of the serious crimes outlined by the YCJA then the offender can be sentenced as an adult without the leniency and the publication ban. Are you really under the impression its ok for the accused to get a consiquence not suffecient. The retention period will depend on the nature of the charge and the outcome of their case. The full grounds for review are revealed under section 59. While some youths have friends and family members that can assist, others may find themselves living on the streets or in a group home or shelter because they have nowhere else to go.
Recent Changes to Canada's Youth Justice System
The supervision order may be up to half as long as the custodial period. Retrieved July 25, 2009. Just because a youth is charged does not automatically mean they have behavioural problems at home, at school, have a bad attitude, and do not respond well to discipline. If your child, most likely teenager, has been charged by the police it is important that you hire a lawyer to represent them as soon as possible upon receiving the Notice to Parent or when first contacted by the police. The rights expressed in the Youths and adults have the right to obtain immediate legal counsel of their own choice upon arrest or detention. One example is the decline in prison sentences for serious youth crime, which have decreased by 25 per cent.
YCJA youth criminal charges in Canada
This includes those who have already retained other counsel and those whose cases have already been completed. The government is pretty much putting us at risk to see if the offender has been fixed. As such, Canada is keen in the reinforcement of these regulations, as they determine both short and long-term judicial solutions. More specifically, subsection a sets the basic principle that the YCJA attempts to address underlying behaviour, such as pre-existing conditions or circumstances that would lead to an offending behaviour. There is no question in society to whether or not youths are committing crimes.
Youth Criminal Justice Act
Subsection 25 10 of the Act permits provinces to establish a program for the recovery of costs of a young person's counsel from the young person or the parents of that young person. The Youth offender also has the right to have their parent s or guardian s present during questioning. By favouring towards the offenders, the offenders feel they can break as much laws as much as they want because you will not get severely punished. If you are defending a criminal case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: Please note: We do not accept legal aid certificate cases. This shows that punishment for youth offenders should be stricter so they think twice before breaking the law. This report is a historical outline which may include information regarding the youth's family background, school history, attitude toward their offence, willingness to engage in available community services, interview with the victim and potentially a suggestive sentence. There are a large number of optimists who feel that other convictions such as open custody, community service and psychological aid will teach youths to respect the law as well as society.
Youth Criminal Justice Act
In the absence of such programs, a youth court judge may achieve similar ends by attaching specific conditions to a probation order handed down to a young person. A youth worker helps the young person plan for his or her reintegration into the community and provides support and supervision to help ensure a successful transition back into society. It must promote a sense of responsibility in the young person, as well as an acknowledgement of the harm done. The purpose of sentencing… is to hold a young person accountable for an offence through the imposition of just sanctions that have meaningful consequences for the young person and that promote his or her rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public. In terms of the JDA, more focus was placed on a youth being viewed as a misguided individual who required guidance from the courts. Serious crimes include but are not limited to murder, attempted murder, manslaughter and violent aggravated assault.
Youth Sentencing Options
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. It is important when sentencing youth to ensure that the limits of proportionality are observed and that the criminal law power is not misused to deliver social services. Legal Aid Delivery Models in Canada. A presumptive offence is an offence committed or alleged to have been committed by a young person who has attained the age of fourteen years. Act was enacted, the number of charges of probation violation has remained similar while the number of cases has declined. Act "is to hold a young person accountable for an offence by imposing fair sanctions with meaningful consequences. Youth cannot be compelled to participate in therapy sessions, or to take medication, unless the youth lacks the capacity to give their consent.
Sentencing of Young Persons
The Youth Justice System in England and Wales has various ways of dealing with youth offending and this depends on the type of crimes that has been committed. Yet, the courts remain lenient towards serious crime. Those in Police Foundations Training Should Know the Purpose of the Youth Criminal Justice Act The YCJA applies to young people from ages 12-18 who have allegedly committed an offence. In some cases, however, the youth may be sentenced as an adult. Are you interested in taking police foundations courses? This change would give the courts a necessary tool to help ensure accountability and the protection of society when the circumstances of the offence require it. If they complete their assigned sentence or are given parole they are strictly supervised and under prohibition.
