Youth Criminal Justice Act

Presented by: Jacqueline Grenon

Ministry of Community Safety and Correctional Services of Ontario

January/2004

Overview of the YCJA

Philosophy of the act outlines the roles & expectations for all those involved

Encourages police, judge, justice, crown attorney, prosecutors, probation officers and youth officers to work with youth

Provides meaningful consequences & holds the young person accountable for their offending behaviour

Promotes successful rehabilitation & reintegration

Overview continued

Focuses on prevention to address root causes of crime

Support youthEncourage community efforts to reduce

crimeProvide more control & ensure more

effective treatment & support for rehabilitation

Preamble

Outlines society’s responsibility to address the needs of young person & prevent youth crime

Legal rights of the youth must continue to be respected

Preamble continued

Speaks clearly to meaningful consequencesProportionate sentencing & accountabilityCriminal law should be used with restraintIncarceration of youth should be reducedHolistic & inclusive approach

Declaration of Principles Sec.3

Youth criminal justice system is intended to promote the long term protection of the public

Prevent crime by addressing the circumstances underlying a Young Person’s offending behaviour

Rehabilitating Young Persons who commit offences & reintegrating them into society

Principles must be used to interpret & apply the principles of the act

Objectives of the Youth System

Prevention & the needs of youth as individualsRehabilitation & reintegrationMeaningful consequencesPromote the long term protection of societyEncourage repair of harm done to victims Involve families, communities, social agenciesRespect gender, ethnic, cultural & linguistic

differencesRespond to the needs of aboriginal youth

Youth Justice Proceedings

Apply the following special considerations:Protected rights & freedomsVictim’s right to informationParents to be informed of measures &

support their children in the process

Extrajudicial *1Measures/Sanctions

Police: (measures) Take no further action Warning Sec 6(1) –

informal Police caution Sec 7 –

formal program needs to be established (measures are monitored by the police

Referral to a community program or agency Sec 6(1)- see note below

Crowns: Cautions Sec 8 – formal

program needs to be established

Extrajudicial Sanctions Sec 10 (same principles apply as under the YOA)

Ex: Court Outreach for Mental Health Services canHelp identify cases appropriate for sanctions.

New Youth Sentences

YCJA under Section 42(2) and include:Reprimand (A)Custody & Community Supervision (N)Custody & Conditional Supervision (O,Q,R)Deferred Custody and Supervision (P )Non-Residential Attendance Program (M)-n/a Intensive Support & Supervision (L)- n/a Intensive Rehabilitative Custody and Supervision

(IRCS) – Mental health cases (High risk of violence)

Conferencing Section 19 & 41

Section 19 - To give advice to a decision maker under the Act (appropriate for mental health cases as well)

Section 41 – When YP found guilty, court may convene a conference for purpose of sentencing recommendations

Increased involvement of the victim & community Can be called at any time prior to sentencing, at any stage of

the proceedings Section 35 – Child Welfare (n/a) under review for

clarification by M.A.G with consultation with Fed government.

Addresses appropriate EJS, conditions for interim release, sentences & reviews, reintegration plans, other matters

Who calls a conference under Section 19? *2 (a&b)

Police Officer Judge ( can also call conf. Under s. 41) Justice of PeaceProsecutorProvincial Director Youth WorkerWorker involved with the Youth in the

Community

Rules on Conferencing sec 41

Needs to be established by the province

Probation Officers may participate in a conference but will not be responsible for coordinating or convening (with exception)

Section 34 Reports – Medical & Psychological

Ordered at any stage of the proceedingsAssessed by a qualified personWritten report must be provided to the

court as requiredFormerly known as Section 13 reportsThis is more common in Phase 1 (under

16)

Pre-trial Detention

Not to be used as a substitute for child protection, mental health or other social measures (i.e. section 35)

Presumption that detention is not necessary for “public safety” if young person could not be sentenced to custody if convicted

Judge is required to inquire about the availability of a “responsible person”

Presumptive “A” Offences

MurderAttempted MurderManslaughterAggravated sexual assault

Same offences defined under the Section 16 of the YOA

Presumptive “B” Offences

At the time of the offence the youth has at least two prior judicial determinations of Serious Violent Offences (SVO)

SVO – for which an adult is liable to imprisonment for 2 years +

Judge endorses the information and indictment to identify a SVO (via hearing)

Sec 42.9 onus on the attorney general to apply on behalf of the young person after the finding of guilt (To declare SVO)

Subject to appealAge of presumption in Ontario is now 14

Non-Presumptive Offences

Any indictable offence for which an adult could receive a sentence of imprisonment for more than 2 years but not presumptive

Onus on crown to make application, to notify youth & the court and to prove an adult sentence is warranted (Section 16 transfer hearing eliminated)

Reintegration Planning

Begins as soon as young person goes into custody

Sets out key supports and most effective program for young persons which will suit their needs

Builds in continuity between custody and community portion of sentence

Realistic goals must be outlined – achievable and not unattainable (least intrusive yet accountable)

CCS order *4(a-b) Probation

7 mandatory conditions Sec 97

Attached to each new custodial sentence

Optional Conditions may be added by the PD prior to release from custody (at least 30 days prior)

Conditions are enforced by PD

Conditions subject to review by PD

Conditions signed-off by PD

2 mandatory conditions Optional order by the Court Optional Conditions

ordered by the Court at sentencing

Enforceable conditions by court

Conditions subject to review by Court process (non – custodial review)

Conditions signed-off by Judge

Custody & Community supervision * (see 4)

Custody 2 levels of custody

remain Secure and open custody Determined by the Court Child Welfare, aboriginal

needs, victims, special needs youth to be considered at all times (incl. Pre-trial detention)

Community Supervision Community supervision

is not Probation Attached to custody

orders PD Delegation includes

adding Optional Conditions

Applicable conditions necessary for successful reintegration planning

Custody and Community cont’d

Section 88 YCJA (includes 24.2(9) YOA)

No Review Board in Ontario Sec 30/31; Progress Report Sec 28(2) ?

Prepared by the Case Manager/Probation Officer

Level of custody determined by the PD on 24.2(9) decisions (from open to secure max 15 days – no change)

Case Management Plan – Community *(6)

A concise and comprehensive case management plan shall be developed and implemented for each young person with a community supervision document or a warrant of committal or detention order.

Shall have documented objectives (in plan and/or on OTIS

CM Plan – Community cont’d…

Documented objectives shall minimally address reintegration factors which are reviewed with the youth as often as required and/or as per local practice and/or policy requirements during their period of custody & during discharge meeting

Continuity of care developed as part of community supervision portion of CCS sentence, and aligned with Probation to follow

Reintegration Factor

Should be based on acquiring relevant and tangible evidence through such methods as interviews with collaterals sources, acquisition of documentation etc.

To confirm sufficient support Even in the absence of a specific condition on

the supervision documentResponsibility of the staff to address targeted

factor(s) with adequate referrals, one-to-one intervention, motivational strategies etc.