Youth Criminal Justice Act

to prevent youth crime to have meaningful consequences and ensure accountability for youth crime to improve rehabilitation and reintegration for the young person Goals

To Improve the Youth Justice System Promote responsibility and meaningful consequences for all youth crime More constructive, long-term solutions Reinforce social values Focus on specific gender and cultural needs of youth Have clear distinctions between violent and non-violent crime Improved rehabilitation and reintegration measures Be more consistent with national and international human rights in protecting children and still protect public safety Promote a more flexible youth justice system that is more responsive to the needs of victims and families Treat violent crime differently than non-violent crime Recognize the special needs of young people Treat youth differently from adults under criminal law

Measures Outside the Formal Court Process for minor crimes still meaningful but no jail time involve community organizations youth stays at home includes verbal warnings and cautions from police diversion programs – family conferences, includes the victim community service, compensation, restitution Alternative Measures

Sentencing The sentence must be in proportion to the seriousness of the crime Encourage community based sentences eg restitution or compensation to the victim Harsher penalties for adults who fail to properly supervise youth in their control Allow the use of victim impact statements Maximum length of custody – 6 years But must also include 4 years of close community supervision - maximum 10 years

Publication of Names not permitted under most circumstances – to protect the young person publish all youth sentenced in adult court publish any youth convicted of murder, aggravated sexual assault or repeat offenders, or if considered dangerous

Custody and Reintegration Must contribute to the protection of society Youth must be held separate from adults judge must impose period of community supervision equal to ½ custody time to monitor the young person to ensure proper treatment and programs are used

Transfer to Adult Court Seriousness of the offence Age, maturity, character and Background of the offender Is the Youth Criminal Justice act, or, the Criminal Code, better able top deal with the individual Will proper treatment or services be available if the offender is tried in youth or adult court When may a youth be transferred to Adult Court? If the Accused is 14 or over What happens if the youth is transferred? They receive an adult sentence served in an adult prison

What Happens to the Criminal Record of the Young Offender? IT DOES NOT DISAPPEAR THE DAY YOU TURN 18 If found guilty of a Summary Conviction Offence Record is not available 5 years after the young person is found guilty If found guilty of an Indictable Offence Record is not available 5 years after the completion of the sentence eg At 17 – sentenced to the maximum (10 years) Record is available until age 32