Chapter 10
Youth Criminal Justice Juvenile Delinquents Act Young Offenders Act Youth Criminal Justice Act Date 1908-1984 1984-2002 2002 - Present Philosophy Juveniles are not criminals, but children who need guidence Youth are less responsible for crimes than adults Tougher sentences prevent crimes, but rehabilitation is important Ages covered 7-18 (depends on province) 12-17 12-17, 14+ can be trial as adults Youth Rights No right to a lawyer Must be advised by a lawyer Court Charter rights did not apply Charter rights applied Sentencing (max) Fine up to $25, placed in fostercare/group home 2-3 years, 5 for murder Many sentences, up to 10 years for 1st degree murder
Youth Criminal Justice Act Purpose of the Youth Criminal Justice Act is to: Promote accountability, responsibility, and consequences for all youth crimes Support long-term solutions to youth crimes Respecting human rights protections for children, while protecting public safety Make youth justice more flexible Age Classification Responsibility 0 – 11 years Child None 12 – 17 years Youth Partial 18+ years Adult Full
Rights of Youth Police do not need to arrest youth, they may talk to the young person, inform their parent(s) or guardian(s). However, these incidents are recorded so that charges may be laid if the youth gets in trouble again. Alternatives Measures programs Designed to help youth learn from their mistakes outside of the court system Ex. Working for the person who was wronged, community service, counselling, drug and alcohol treatment, etc.
Arrest and Detention All rights listed in the Charter applies to all youth Right’s must be describe in clear, understandable language (for them) Youth must be told: He/she doesn’t need to make a statement Anything they say could be used against them They have the right to a lawyer They have the right to have an adult present during questioning *Any youth who decides to ignore these writes must sign a statement* Supreme court has ruled that when these rights are not followed anything the youth says is inadmissible as evidence Parents MUST be notified as soon as their child is detained or arrested. They can be ordered to attend hearings.
Detention and Bail Youths and adults have the same right to bail, however youth generally have conditions they must follow. Youth are released to their parent/guardian and do not need to put up money for bail. If the parent deliberately fails to carry out these duties can face criminal charges. If a youth is likely to reoffend they will be sent to a foster home or placed under house arrest. Youth can only be fingerprinted/photographed when they have been charged with an indicatable offence. If they aren’t convicted they must be destroyed. Youth records are not immediately destroyed when a youth turns 18 and can be used in adult bail hearings.
Privacy of Hearings Media can attend trials involving youth and report on them, however, the identity of the youth can only be disclosed under certain conditions (a 14-17 year old convicted of a serious crime) If the youth is considered dangerous at large they name and picture may be published
Transfer to Adult Court Youth must be 14 years old at the time the offence was committed Must be a serious crime Will face the same sentences as adults Must seek to be trialed before the accused enters their plea The Crown usually seeks transfer to adult court, but the youth can request to be transferred to adult court, but this rarely happens Any 12 or 13 year old who commits a serious crimes CAN’T be transferred to adult court
Sentencing Prior to sentencing Judge will take in the pre-sentence report, consisting of: Interviews of youth, parents, and the victim Records of school attendance and performance History of any previous criminal offences Offender’s attitude towards the offence Information to provide background into character
Personal and Community Service Absolute Discharge Relatively minor 1st time offence Found guilty but the court will take no further action Fines May be fined up to $1000 Youth, not the parents, must pay the fine Compensation Pay monetary compensation or make up for any damage to property Personal and Community Service If youth are unable to pay for fines they may be ordered to work for their victims (victim must agree) – Personal Working for the betterment of the community - Community
Probation Open Custody Secure Custody Under the supervision of a probation officer and can have as many conditions set forth as the judge sees fit Open Custody Need more structure and supervision then they get at home Can include foster or group homes Foster home – youth lives with a family Group home - youth lives with several other youth operated by trained staff Secure Custody For serious crimes where the youth is a threat to society If a person turns 18 while in custody, the offender may be transfer to an adult facility for the rest of their sentence