THE YOUNG OFFENDERS ACT - PowerPoint by rt3463df

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									YOUTH JUSTICE
                  Principles
• Protection of society is the most important
  objective – achieved through prevention,
  meaningful consequences, and rehabilitation.
• Young people should be held responsible, but
  should be treated separately from adults under
  criminal law.
• Parents and victims must have a role in the youth
  justice system.
                  YOA
• Young Offenders Act (1984), amended
• Ages 12 -17 inclusive, “criminal
  approach”
• Replaced the Juvenile Delinquents Act of
  1908. Ages 7- 16 or 18. “Welfare
  approach”
                    YCJA
• Youth Criminal Justice Act. Passed February
  2002. In effect April 2003.
• Is criminal law – offences under the Criminal
  Code and other federal laws
• For youth ages 12 to 17 inclusive
• Why these ages?
• Minimum age 12- under 12 too young to form
  criminal intent
• Maximum age 18th birthday– keeps criminal and
  civil law in line, uniform age across Canada,
  more opportunity for rehabilitation
            Trial Procedures
• All trials conducted in Family or Youth Court
• All trials are conducted by a judge, no
  preliminary hearing ( unless adult sentences are
  sought)
• Public and press may attend hearings, media
  may report proceedings- not identity of youth
• Adult sentences are possible for youth who are
  14 at the time of the offence and committed a
  violent crime - automatic for 14 year olds
  accused of “presumptive” offences ( reduction
  from YOA, but prov. can opt out)
   RIGHTS OF THE YOUNG
        OFFENDER
• + Police have alternatives other than arrest
  for a suspect who is a youth
• + Extrajudicial sanctions -apologies,
  compensation, community service
• Legal rights of Charter apply to youth
• + Right to have lawyer and adult present
  for questioning
         Rights continued...
• + “ voluntary statements” -protects youth
  from being questioned improperly
• Right to appeal a sentence
• + Identity of youth protected
     SENTENCING OPTIONS
• Section 38 of the YCJA
• Main principle- hold youth accountable with
  sentence that is fair, meaningful and helpful in
  process of rehabilitation
• Judge will examine pre-sentence report (report
  containing background info about the youth)
  before sentencing a youth
• psychological or medical assessment may be
  required
     Factors considered before
            sentencing:
• extent to which the youth participated in
  offence
• harm done to victim and community
• any reparation youth has made to victim
• time already spent by youth in detention
• past crimes of youth
• content of victim impact statement
             SENTENCES
• All community based sentencing options must be
  considered other than custody
• Absolute or conditional discharge
• Probation
• Fines
• Compensation
• Personal/ community service
• Custody- open, closed
                 Sentencing
• custody and supervision order- court order that
  specifies conditions of custody ( 2/3 of sentence
  spent in custody and 1/3 spent in community
  under supervision)
• youth worker- a person appointed by the
  government to monitor the youth’s progress in
  the community
• post-custody supervision is aimed at helping
  youth reintegrate into society
               Sentencing

• In most cases probation, custody,
  supervision will not exceed 2 years ( more
  serious offences - 3 years)
• 1st degree murder - max.10 years, 2nd
  degree murder - max. 7 years
                      l
• Crown seeks an adult sentence if youth
  sentences are not adequate to hold youth
  accountable ( usually for presumptive
  offences)
• youth must be 14 at the time of the offence
• factors considered: youth’s background,
  offence, age, maturity, character of accused
• youth must be notified before trial
             Continued….
• youth has right to preliminary hearing and
  trial by jury
• if under 18 will serve time in youth facility
• youth given adult sentence for murder are
  eligible for parole earlier than an adult
• At any stage in sentencing, court may refer
  the case to a conference to determine most
  appropriate sentence ( meeting of youth,
  parents, victim, professionals/ member of
  the community)
               RECORDS

• Records involving extra-judicial measures
  are destroyed after 2 years if no further
  offences
• access to records - youth, parents, police,
  those involved in extra-judicial measures
• victims and schools may have limited
  access

								
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