The amount of community service must not go beyond hours of service which can be completed within 12 months. Also, the judges must take into account any rehabilitative concerns that would alter the nature and reduce the severity of the sentence by mitigating factors. The sentencing judge will also endeavour to impose a sentence that encourages the youth to take responsibility for the consequences of their actions.
It is imperative that the officer states the rights to the youth in a manner that he or she fully understands due to the fact that the courts will not assess whether the child fully understood the rights inform to them by the officer but whether or not the officer explained their rights at a level appropriate to their age and understanding.
If the youth is considered to be dangerous, their picture can be published in the media along with their name. This principle addresses the unfair disparity of youth sentences, by stating that sentence should be similar, not necessarily the same  Allowing such individualization makes the sentence meaningful for the youth involved and points at any rehabilitative needs required by the young offender.
In terms of adult proceedings, it is possible for members of the public to commence proceedings without the authorization of police and the Crown Attorney; however, that is not the case with youth. Their main activities include the following: Judicare and Staff delivery model text to display.
Informing the public in respect of the YCJA and the youth criminal justice system; e. If the young individual is unable to obtain legal assistance or no legal aid program is available, the young offender is able to request counsel.
Warnings are informal warnings issued by police officers. Purpose of sentencing[ edit ] Purpose[ edit ] The fundamental purpose in the sentencing of young persons pursuant to the Act is to strike the best possible balance between the interests of the young person and the interests of society.
Diversion refers to the broad range of non-criminal sanctions, including community service that if satisfactorily completed by the youth, the subject charge is withdrawn. Youths and adults have the right to obtain immediate legal counsel of their own choice upon arrest or detention.
The following are some typical situations that warrant such advice: In the staff lawyer system, the service is provided by lawyers that are employed directly by the legal aid plan.
Once the duration of the discharge has passed and the conditions of the probation have been successfully followed, the discharge becomes absolute, i.
Any other task assigned by The Attorney General of Canada or a provincial minister Operating under the paradigm of restorative justice,  YJCs aim to "strike the right balance between accountability and community intervention"  YJCs are used extensively in Manitoba, Alberta and New Brunswick.
Or, the province may establish a program under which the young offender can discharge a fine under para, the percentage imposed under s53 1 or Victim fine surcharge under s 53 2 which is only attainable by earning credits for work in the program of the province the young offender resides.
All custodial sentences require a pre-sentencing report. Restriction on using extrajudicial sanctions[ edit ] Extrajudicial sanctions can only be used if: For young offenders, cases are viewed individually and sentencing is determined distinctively for different cases.
Sections 25 4 and 10 allow young people to obtain the same rights as adults, in terms of legal counsel, consent, etc. Such as a review of probation orders thus providing an opportunity to make changes to conditions that can be more effective in promoting the rehabilitation and reintegration of the young person.
Advising the federal and provincial governments on policies and procedures related to the youth criminal justice system d. The young person denies being involved in the offence;   The young person wants a trial in court;   or The young person fails to be allowed into the program   Youth justice committees[ edit ] Section 18 1  of the Youth Justice Committees YJCs help in the administering of the Act by devolving power to the community.
Restitution of property is a noncustodial sentencing option. Thus the more serious the offence is the more severe the punishment will be. The obtained property must be in possession of the young person at the time, and must lawfully belong to the owner of the property.
Principles[ edit ] Section 4 of the Act sets out principles that govern the establishment of policies about extrajudicial measures: Before accepting a plea, the court must Ensure that the young person understands the charge Explain the plea options Explain the process of applying a youth sentence The young person has right to counsel upon arrest or detention, before a voluntary statement, during consideration of extrajudicial sanctions, and at a hearing.
If the youth agrees, the police can also refer the youth to a program under section 7 of the Act. Some of these rights include but are not limited to:The Youth Criminal Justice Act (YCJA; French: Loi sur le système de justice pénale pour les adolescents) (the Act) is a Canadian statute, which came into effect on April 1, It covers the prosecution of youths for criminal ultimedescente.com Act replaced the Young Offenders Act, which itself was a replacement for the Juvenile Delinquents Act.Download