Being Underage and Criminal Law

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Being Underage and Criminal Law

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One misconception twins and teens often have is
they are immune to the criminal legal system
simply because they are underage. However, this
assessment and assumption on their part is not
accurate or true.

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In Canada, the Youth Criminal Justice Act
(YCJA) is a special set of rules and regulations
that relates directly to young criminal offenders
and the Criminal Code of Canada.

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It is important to stress that youth of all ages
are bound to the same laws as their adult
counterparts. For instance, stealing money out of
an open cash register-

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-drawer either with or without direct force is
still considered robbery, regardless of whether
the offender was thirteen or thirty years old.

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The key difference between the adult offender and
the youth offender is how the charge is handled.
Going back to our robbery example, if the
thirteen-year old was caught by the police,
before they can be officially be charged,

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there are specific processes they must adhere to
and follow, outlined in greater detail within the
YCJA. They would have to contact the minors
parents or legal guardian and make sure someone
of legal age was present while the minor was
questioned.

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On the other hand with the thirty-year old, the
police would simply read the accused their rights
and allow them to consult with their own Ottawa
criminal defence lawyer,

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if they so desired, prior to being questioned. In
fact, during the interview process, an adult
offender cannot have a defence lawyer or another
adult present.

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Another difference between being a youth offender
and an adult offender is the objective of the
law if charged, convicted, and found guilty of
the criminal offence.

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With the robbery example, an adult could
potentially face paying court costs, fines, and
fees, as well as being placed on probation and
possibly spending a period of time imprisoned.

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However, a youth offender charged with the same
crime, convicted, and found guilty, may not spend
any time in a youth detention facility. With
young offenders,

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the objective the YCJA is to attempt to
rehabilitate the offender, while providing an
appropriate punishment for the offence.  

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Rather, they could be required to complete a
series of criminal law educational enrichment
courses, perform community service, and pay some
form of restitution to the victim.

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But this is not to say since an individual is a
minor, they could commit a crime and not worry
about being imprisoned or facing a strict and
harsh punishment for the offence.

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The prosecution tends to examine each case
involving a youth offender on the extent of the
crime and prior criminal offences already on
their record. For instance, a repeat youth
offender,

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who went from shoplifting and petty theft, to
robbery could face a harsher sentence if
convicted and found guilty, since efforts at
rehabilitation would seem to have been
ineffective.

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DISCLAIMER The above content is provided for
informative purposes only. If your tween or teen
has been charged with a criminal offence, you
need to contact Ottawa criminal defence lawyer,
Céline Dostaler for a free 30-minute
consultation. Call 613.695.8595
today! Source- http//www.celinedostaler.ca/be
ing-underage-and-criminal-law/

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