YCJA

THE YOUTH CRIMINAL JUSTICE SYSTEM

JOHN HOWARD SOCIETY

ROLE IN THE CRIMINAL JUSTICE SYSTEM

• Provides public education about the law, especially the YCJA, consequences of crime and the impact of crime on community, victims and offenders

• Work with adult and youth offenders to help reintegrate them back into the community

• Call for fair and humane measures in our criminal justice system

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HISTORY OF YOUTH JUSTICE IN CANADA

• Canadian Criminal Law is derived from English Common Law and provided the framework for the treatment of young people who broke the law in Canada

• No separate system for young people

THE JUVENILE DELINQUENTS ACT (1908)

• Applied to children age 7 to a maximum age that varied from province to province

• Created a separate juvenile justice system with separate courts to concentrate on the specific needs and interests of children

• The Juvenile Delinquents Act did not have procedural safeguards involved in the juvenile justice system

THE YOUNG OFFENDERS ACT (1984)

• Applied to youth 12 to l7 years of age• Restricted its jurisdiction to criminal matters • Youth were held responsible and accountable for their

criminal behaviour• The term juvenile was no longer used but was

replaced with the term young offender• Youth were given legal rights

A DEMAND FOR CHANGE(1990s)

PUBLIC PERCEPTION

• Youth crime was on the rise and growing

more violent

AND ALSO

• Discontent over the maximum length of sentence a young offender could receive under the Young Offenders Act for a serious crimes

Youth Court Judges Imposing Custody In Canada And The US

(1997)

0

200

400

600

800

1000

1200

Canada United States

Rate

The overall rate per 100,000 age 12-17

STRATEGY TO YOUTH JUSTICE

• Reduce over-reliance on incarceration for nonviolent offences• Use other intervention approaches that could

be more effective (rehabilitation)

STRATEGY

• Provide less serious consequences for minor & nonviolent offences

• Provide specific measures for violent and repeat offenders

MEANINGFUL CONSEQUENCES

YOUTH CRIMINAL JUSTICE ACT (2003)

• Defines the procedures and consequences used with young people who have broken the law

• Applies to young people between the ages of 12 to 17

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Youth Criminal Justice Act

CRIMINAL CODE OF CANADA

• Describes offences considered to be crimes

• Describes punishments for adults who commit crimes

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DECLARATION OF PRINCIPLEPage 70

The purpose of the youth criminal justice system is intended to protect the public by:

•Holding young people accountable through measures that are proportionate to the seriousness of the offence

•Promote rehabilitation and reintegration

•Support the prevention of crime by referring young persons to programs in the community to address the circumstances underlying their offending behaviour

PRINCIPLES

The criminal justice system for youth must be separate from the adult system and recognizes a young person’s reduced level of maturity

(diminished moral blameworthiness or culpability)

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EXTRAJUDICIAL MEASURES UNDER YCJA

Instead of laying charges the Police Officer must first consider giving a verbal warning, written caution, or referral to a community program

The Police must keep a record of any extrajudicial measure they use to deal with a young person

CROWN PROSECUTOR

The Prosecutor may send a letter (caution) to the youth and parents or use extrajudicial sanction (program) A youth’s history of extrajudicialsanctions can now be consideredwhen sentencing a young person

to custody

EXTRAJUDICIAL SANCTION PROGRAM

The Prosecutor can send the case to a…

YOUTH JUSTICE

COMMITTEE (MEASURES CAN INCLUDE)

• Community service work

• Compensation to the victim

YOUTH SENTENCES

A charge is laid against the

youth and the youth must appear in YOUTH JUSTICE COURT

SENTENCING PRINCIPLES

When a Judge is sentencing a young person and considering the seriousness of the offence and the degree of responsibility of the young person, the sentence may denounce unlawful behaviour and deter young person from committing further offences

SENTENCING PRINCIPLES

A young person can be sentenced

to a prison term for a violent

offenceViolent offence included any offence where a person has caused, threatened to attempted to cause bodily harm or created a substantial likelihood of causing bodily harm (reckless behaviour)

YOUTH SENTENCES

• Reprimand• Absolute Discharge• Conditional Discharge• Fine• Compensation• Restitution• Pay Purchaser• Personal Service

LAWS

YOUTH SENTENCES CONTINUED

• Prohibition• Probation• Attendance Order• Intensive Support & Supervision• Custody and Supervision Order• Deferred Custody & Supervision Order• Intensive Rehabilitative Custody &

Supervision Order

ADULT SENTENCES14 – 17 years of age

SERIOUS VIOLENT OFFENCE

• First Degree Murder• Second Degree Murder• Attempted Murder• Manslaughter• Aggravated sexual assault

THE PROSECUTOR MUST SEEK AN ADULT SENTENCE FOR A YOUNG PERSON WHO

HAS BEEN CONVICTED OF A SERIOUS VIOLENT OFFENCE

THE JURY

For offences where a young person may receive an adult sentence, he/she may elect to be tried by a Judge and Jury (made up of twelve people

PUBLISHING NAMES OF YOUNG PEOPLE

• The young person is given an adult sentence• The young person has received a

youth sentence for a violent offence

• Upon application by a peace officer,

the judge is satisfies that the young

is a danger to others and publication

of the information is necessary to assist in apprehending the young person

LEGAL RIGHTS

1. Right to know why you are being arrested2. Right to talk to your parents trusted adult or a lawyer3. Right to have a lawyer and to be represented by him/her 4. Right to have your parents/trusted adult if you

choose to make a statement to the police5. The right to remain silent

YOUTH RECORDS

• Youth Justice Court Records• Government Records• Police Records

Police are required to keep records ofany extrajudicial measures that they use with

young persons

YOUTH CRIMINAL RECORD

• Name will remain in

C.P.I.C. computer for the

following length of time:

C.P.I.C.

• Summary offence – 3 years

after completion of sentence

• Indictable offence – 5 years after completion of sentence

CONSEQUENCES OF A CRIMINAL RECORD

(may affect youth in the following ways)

Travel

Employment

Attendance

at a College or

University

Volunteer

Work

PROGRAMS FOR ABORIGINAL YOUTH

ALTERNATIVE PROGRAMS FOR ABORIGINAL YOUTH SUCH AS SENTENCING CIRCLES (OFFENDER, VICTIM AND ELDERS FROM THE ABORIGINAL COMMUNITY MEET)

INVOLVEMENT

YOUTH• Do not exclude anyone• Encourage each other• Mentor someone at school

PARENTS• Pay attention to what is going on in

the lives of our children

VICTIMS• Victim Impact Statement

COMMUNITY • Support our youth• Youth Justice Committee• Volunteer for Advocacy

Organization• Jury Duty