Youth Criminal Justice Act

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Youth Criminal Justice Act
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Introduction

• Canadas new law came into force on Apr.1, 2003
• Replaced Young Offenders Act
• In mid 1990s, in response to public concerns
  about youth crime (particularly perceived
  increase in youth crime) federal government
  set-up a task force to review the YOA
• Out of that task force came numerous
  recommendations, which were summarized in A
  Strategy for Youth Justice Renewal

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PreambleGeneral statements about the purpose of
the Act

• Prevent youth crime by
• addressing underlying causes
• respond to needs of young persons
• provide guidance and support

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Preamblecontinued

• Recognize the rights and freedoms of young
  persons
• Reserve most serious intervention (custody) for
  the most serious crimes and reduce over-reliance
  on incarceration for non-violent young persons

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Declaration of Principle (Sec. 3 YCJA)

• To promote the long-term protection of the public
• by
• Preventing crime through addressing the
  circumstances underlying a YPs offending
  behavior
• Rehabilitating YPs who commit offences and
  reintegrating them into society AND
• Ensuring meaningful consequences

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Declaration of Principle(Contd)

• Distinct/Separate from the adult criminal justice
  system and emphasize rehabilitation and
  reintegration
• Measures imposed are within proportionate limits
• Special considerations youth, victims, parents

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Sentencing Purpose (Sec 38(1) YCJA)

• Accountability through
• Just sanctions
• Meaningful consequences
• Rehabilitation and reintegration into society
• thereby contributing to the long-term protection
  of the public

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Sentencing Principles (Sec 38(2) YCJA)

• Not more than what is appropriate for an adult
• Consistency in youth sentences same offence,
  similar circumstances
• Proportionate to seriousness of offence and
  degree of responsibility of offender
• Explore alternatives to custody, with particular
  attention to Aboriginal youth

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Sentencing Principlessome others

• the sentence shall.
• be the least restrictive sentence.
• be the sentence most likely to rehabilitate the
  YP and reintegrate them into society

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Some Factors to Consider..

• the degree of participation of the YP in the
  offence
• the harm done to the victims
• Previous Findings of Guilt against the YP

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Youth Sentences

• Custody and Supervision in the Community
• Deferred Custody and Supervision Order
• Custody and Conditional Supervision
• Intensive Rehabilitative Custody and Supervision
  

• Judicial Reprimand
• Absolute Discharge
• Conditional Discharge
• Fine
• Compensation
• Restitution
• Community Service
• Prohibition Order
• Probation Order
• Intensive Support and Supervision Order
• Non-Residential Attendance Program Order (Not
  in BC)

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Criteria for Committal to Custody

• Youth justice court shall not commit a young
  person to custody unless
• Violent offence, or
• Failed to comply with non-custodial sentences, or
• Indictable offence and young person has history
  indicating a pattern of findings of guilt, or
• Exceptional cases
• Court still must consider all reasonable
  alternatives to custody

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Other Available Options..

• ExtraJudicial Sanctions
• Peace Bond (up to 1 year)
• Conferencing Restorative Justice, Judicial led
  Case Conferences