#401, 10010 105 Street

Edmonton, AB T5J 1C4

(780) 428-7590

http://www.johnhoward.org

Youth Criminal Justice ActY.C.J.A.

1. Legal Rights

2. Basic Principles

3. Extrajudicial Measures

4. Sentences

5. Publishing

6. Youth Records

What Is the Youth Criminal Justice Act?

A Federal Law

Applies to all youth in Canada from the ages of 12 to 17

Effective April 1, 2003

It is your right and responsibility, as a youth living in Canada, to know

about the laws and criminal justice systems of this

country.

Why Do I Need to Know About the YCJA?

rightresponsibility

Principles of the YCJA

The YCJA lists clear principles and key goals to deal with youth who break the law.

Accountability Rehabilitation Reintegration Consequences Protection of the Public Crime Prevention

What Are the Basic Principles and Goals?

Pur

pose

Unique Nature Of Youth Level of Maturity Fairness Rights And Privacy Timely Intervention.

What Are the Basic Principles and Goals?

Em

phas

is

Reflects– Social

Values

What Are the Basic Principles and Goals?

Considers– Social– Cultural – Developmental

Situation

Involves– Community– Social Agencies– Family– Victim

compassion

What Are the Basic Principles and Goals?

empowerment

respect

dignity

participation

understandingsupport

Enc

oura

ges

Legal Rights

From the time of arrest, all youth have the right:

• To know why they are being arrested

• To remain silent

• To talk to their parents or a trusted adult

• To be represented by a lawyer as soon as possible

• To have a parent/trusted adult or a lawyer with him or her if they choose to make a statement to the police

Do All Youth Who Commit Crime Have to Go to Court?

Extrajudicial Measures…a way to deal with youth outside of the court system

Crown Caution

Take no further action

WarningReferral to a

programPolice Caution

Police

Crown

Police Referrals

Referrals may be made to:

Counseling Agency

Mental Health Program

Alcohol/Drug Treatment Program

Recreation Program

Youth Justice Committee

Child Welfare

Extrajudicial Sanctions

To be eligible, the youth must:Admit to committing the crimeBe willing to participate in the program

While involved in the extrajudicial sanction:The youth must follow specific rules or

conditionsTheir behaviour will be monitored by a

probation officer

Extrajudicial Sanctions include…

Making a donation to a charity

Participating in a victim reconciliation program

Being supervised by a youth justice committee member

Participating in a counseling or intervention program

Participating in Aboriginal cultural / spiritual activities

Returning property to the victim

Doing community service work

Writing an essay or poster

Personal service for the victim

Issuing an apology to the victim

Charges Laid

Court Appearance

Plea

Trial

Release Pending Trial

Pre-Trial Detention

SentencingFound Guilty

Found Not Guilty

Plead Not Guilty

Plead Guilty

The Court Process

Judge’s Decision

When deciding on a Sentence for a youth a

judge will take into consideration:

The youth’s role in the offence. The impact of the youth’s actions on the victim. Actions the youth has taken to accept responsibility and be

accountable for their actions. The youth’s previous involvement with the law. The youth’s circumstances that relate to the offence and

their rehabilitation and reintegration. How to change the offender’s behaviour. How to protect society in the long term.

SentencesThe 7 most common…

Fine Community Service

Compensation Restitution

Probation Order

Intensive Support & Supervision Order

Custody & Supervision Order

Sentences

Other options for sentencing include:• Reprimand• Absolute Discharge• Conditional Discharge• Reimbursement of Innocent Purchaser• Personal Service• Prohibition• Attendance Order• Deferred Custody & Supervision Order• Intensive Rehabilitative Custody and

Supervision Order

Adult Sentences

Adult sentences can apply to youth 14 and over for “presumptive” offences.

Used only if a youth sentence would not be long enough to hold the youth accountable.

Adult sentences are presumed for:

Ist Degree Murder 2nd Degree Murder Manslaughter Aggravated Sexual Assault Attempted Murder Serious Violent Offences

Publishing

A young persons identity may not be published except when:

•The youth receives an adult sentence

•The youth is ‘at large’ in the community and may be a danger to others

RecordsThere are several types:

Local Police Records

Court Record

Canadian Police Information Centre (C.P.I.C.)

Involved Organization Records

There are three categories of offences:

Summary convictions - $2000 or 6 months custody

Indictable offences – More serious, elect type of trial (Judge+Jury)

Hybrid offences – Could be either of the two above. The crown indicates how it would like the youth to be charged based on the severity or degree of the offence

Youth RecordsHow Long Do They Last?

For a Summary Offence

3 years after completion of sentence

For an Indictable Offence

5 years after completion of sentence

C.P.I.C.

Youth RecordsHow Long Do They Last?

An Adult Record Can Last Forever

14 years old+ 3 months Community

Service

+3 years

(summary offence)= 17 years old

17 years old+ 2 years

Custody and Probation

+5 years

(indictable offence)= 24 years old

Having a Youth Record Can Affect…

Job Travel

Court

#401, 10010 105 Street

Edmonton, AB T5J 1C4

(780) 428-7590

http://www.johnhoward.org