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At virtually every point in the process, law enforcement personnel are empowered to consider alternative to trials and jail time. However, judges have.

Published byDwight Gilbert Modified over 8 years ago

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Presentation on theme: "At virtually every point in the process, law enforcement personnel are empowered to consider alternative to trials and jail time. However, judges have."— Presentation transcript:

1 At virtually every point in the process, law enforcement personnel are empowered to consider alternative to trials and jail time. However, judges have also been given the power to impose adult sentences for serious crimes What’s the philosophy? Police Believe The Youth Has Committed An Offence: Arrest Extrajudicial Measures Considered Extrajudicial Sanctions Considered Court Appearance: Plea Case Referred to Crown Sanction Not Completed Charges Laid Guilty Not Guilty Release Pending TrialPre Trial Detention Trial Not Guilty Sanction Completed Extrajudicial Sanctions Apology Donation To A Registered Charity Participation in a victim/youth reconciliation program. Supervision of Youth Justice Committee Member Participation In Aboriginal Cultural/ Spiritual Activities Participation in a Counselling or Intervention Program Return Property Restitution Personal Service Community Service Essay / Poster Extrajudicial Measures No Further Action Referral to Program Police Caution Police Warning Crown Caution Sentences Conditional Discharge Fine Absolute Discharge Compensation Reimburse Purchaser Restitution Reprimand Community Service Prohibition Order Intensive Support and Supervision Program Deferred Custody and Supervision Intensive Rehabilitative Custody and Supervision Personal Service Custody and Supervision Order Attendance Order Probation Youth Criminal Justice Act Case referred to a Youth Justice Committee

2 Police Believe The Youth Has Committed An Offence: Arrest Extrajudicial Measures Considered Extrajudicial Sanctions Considered Court Appearance: Plea Case Referred to Crown Sanction Not Completed Charges Laid Guilty Not Guilty Release Pending TrialPre Trial Detention Trial Not Guilty Sanction Completed Extrajudicial Sanctions Apology Donation To A Registered Charity Participation in a victim/youth reconciliation program. Supervision of Youth Justice Committee Member Participation In Aboriginal Cultural/ Spiritual Activities Participation in a Counselling or Intervention Program Return Property Restitution Personal Service Community Service Essay / Poster Extrajudicial Measures No Further Action Referral to Program Police Caution Police Warning Crown Caution Sentences Conditional Discharge Fine Absolute Discharge Compensation Reimburse Purchaser Restitution Reprimand Community Service Prohibition Order Intensive Support and Supervision Program Deferred Custody and Supervision Intensive Rehabilitative Custody and Supervision Personal Service Custody and Supervision Order Attendance Order Probation Youth Judicial Process Case referred to a Youth Justice Committee 1)What is the first option police must consider if they believe a youth has committed an offence? Extrajudicial Measures – the police are required to consider this option before taking any other action. Why do these measures exist?

3 Police Believe The Youth Has Committed An Offence: Arrest Extrajudicial Measures Considered Extrajudicial Sanctions Considered Court Appearance: Plea Case Referred to Crown Sanction Not Completed Charges Laid Guilty Not Guilty Release Pending TrialPre Trial Detention Trial Not Guilty Sanction Completed Extrajudicial Sanctions Apology Donation To A Registered Charity Participation in a victim/youth reconciliation program. Supervision of Youth Justice Committee Member Participation In Aboriginal Cultural/ Spiritual Activities Participation in a Counselling or Intervention Program Return Property Restitution Personal Service Community Service Essay / Poster Extrajudicial Measures No Further Action Referral to Program Police Caution Police Warning Crown Caution Sentences Conditional Discharge Fine Absolute Discharge Compensation Reimburse Purchaser Restitution Reprimand Community Service Prohibition Order Intensive Support and Supervision Program Deferred Custody and Supervision Intensive Rehabilitative Custody and Supervision Personal Service Custody and Supervision Order Attendance Order Probation Youth Judicial Process Case referred to a Youth Justice Committee 2) What happens after an Extrajudicial Measure is completed? Nothing - The youth is considered to never have committed the offence, although there may be a record of the police contact in the local police jurisdiction What impact might a criminal record have on a youth?

4 Police Believe The Youth Has Committed An Offence: Arrest Extrajudicial Measures Considered Extrajudicial Sanctions Considered Court Appearance: Plea Case Referred to Crown Sanction Not Completed Charges Laid Guilty Not Guilty Release Pending TrialPre Trial Detention Trial Not Guilty Sanction Completed Extrajudicial Sanctions Apology Donation To A Registered Charity Participation in a victim/youth reconciliation program. Supervision of Youth Justice Committee Member Participation In Aboriginal Cultural/ Spiritual Activities Participation in a Counselling or Intervention Program Return Property Restitution Personal Service Community Service Essay / Poster Extrajudicial Measures No Further Action Referral to Program Police Caution Police Warning Crown Caution Sentences Conditional Discharge Fine Absolute Discharge Compensation Reimburse Purchaser Restitution Reprimand Community Service Prohibition Order Intensive Support and Supervision Program Deferred Custody and Supervision Intensive Rehabilitative Custody and Supervision Personal Service Custody and Supervision Order Attendance Order Probation Youth Judicial Process Case referred to a Youth Justice Committee 3) What happens if the police officer thinks an Extrajudicial Measure is not an appropriate response – what are their options? They must then consider an Extrajudicial Sanction: Refer the youth to a Youth Justice Committee who consider sanctions not requiring a trial Refer to the Crown Attorney to determine if the crime warrants charges.

5 Police Believe The Youth Has Committed An Offence: Arrest Extrajudicial Measures Considered Extrajudicial Sanctions Considered Court Appearance: Plea Case Referred to Crown Sanction Not Completed Charges Laid Guilty Not Guilty Release Pending TrialPre Trial Detention Trial Not Guilty Sanction Completed Extrajudicial Sanctions Apology Donation To A Registered Charity Participation in a victim/youth reconciliation program. Supervision of Youth Justice Committee Member Participation In Aboriginal Cultural/ Spiritual Activities Participation in a Counselling or Intervention Program Return Property Restitution Personal Service Community Service Essay / Poster Extrajudicial Measures No Further Action Referral to Program Police Caution Police Warning Crown Caution Sentences Conditional Discharge Fine Absolute Discharge Compensation Reimburse Purchaser Restitution Reprimand Community Service Prohibition Order Intensive Support and Supervision Program Deferred Custody and Supervision Intensive Rehabilitative Custody and Supervision Personal Service Custody and Supervision Order Attendance Order Probation Case referred to a Youth Justice Committee 4) What are the steps involved from the initial police contact to receiving an Extrajudicial Sanction? 1)Police contact: not necessarily arrest Charter rights apply (addition: plain language, must ensure youth understands rights, right to have a parent/guardian present) 2)Police decide extrajudicial measure is inappropriate 3)Police consider an extrajudicial sanction 4)The case is referred to the Crown if charges are recommended. The crown must then to proceed with extrajudicial sanctions or formal charges

6 Police Believe The Youth Has Committed An Offence: Arrest Extrajudicial Measures Considered Extrajudicial Sanctions Considered Court Appearance: Plea Case Referred to Crown Sanction Not Completed Charges Laid Guilty Not Guilty Release Pending TrialPre Trial Detention Trial Not Guilty Sanction Completed Extrajudicial Sanctions Apology Donation To A Registered Charity Participation in a victim/youth reconciliation program. Supervision of Youth Justice Committee Member Participation In Aboriginal Cultural/ Spiritual Activities Participation in a Counselling or Intervention Program Return Property Restitution Personal Service Community Service Essay / Poster Extrajudicial Measures No Further Action Referral to Program Police Caution Police Warning Crown Caution Sentences Conditional Discharge Fine Absolute Discharge Compensation Reimburse Purchaser Restitution Reprimand Community Service Prohibition Order Intensive Support and Supervision Program Deferred Custody and Supervision Intensive Rehabilitative Custody and Supervision Personal Service Custody and Supervision Order Attendance Order Probation Youth Judicial Process Case referred to a Youth Justice Committee 5) When a case is referred to the Crown, what three options do they have? 1. Extrajudicial Measure 2. Extrajudicial Sanction 3. Laying a Charge

7 Police Believe The Youth Has Committed An Offence: Arrest Extrajudicial Measures Considered Extrajudicial Sanctions Considered Court Appearance: Plea Case Referred to Crown Sanction Not Completed Charges Laid Guilty Not Guilty Release Pending TrialPre Trial Detention Trial Not Guilty Sanction Completed Extrajudicial Sanctions Apology Donation To A Registered Charity Participation in a victim/youth reconciliation program. Supervision of Youth Justice Committee Member Participation In Aboriginal Cultural/ Spiritual Activities Participation in a Counselling or Intervention Program Return Property Restitution Personal Service Community Service Essay / Poster Extrajudicial Measures No Further Action Referral to Program Police Caution Police Warning Crown Caution Sentences Conditional Discharge Fine Absolute Discharge Compensation Reimburse Purchaser Restitution Reprimand Community Service Prohibition Order Intensive Support and Supervision Program Deferred Custody and Supervision Intensive Rehabilitative Custody and Supervision Personal Service Custody and Supervision Order Attendance Order Probation Youth Judicial Process Case referred to a Youth Justice Committee 8) If the Crown decides that an Extrajudicial Sanction is not a sufficient response to the offence, what are the next two steps they may take? Charges will be laid and the youth will need to appear in court to enter a plea.

8 Police Believe The Youth Has Committed An Offence: Arrest Extrajudicial Measures Considered Extrajudicial Sanctions Considered Court Appearance: Plea Case Referred to Crown Sanction Not Completed Charges Laid Guilty Not Guilty Release Pending TrialPre Trial Detention Trial Not Guilty Sanction Completed Extrajudicial Sanctions Apology Donation To A Registered Charity Participation in a victim/youth reconciliation program. Supervision of Youth Justice Committee Member Participation In Aboriginal Cultural/ Spiritual Activities Participation in a Counselling or Intervention Program Return Property Restitution Personal Service Community Service Essay / Poster Extrajudicial Measures No Further Action Referral to Program Police Caution Police Warning Crown Caution Sentences Conditional Discharge Fine Absolute Discharge Compensation Reimburse Purchaser Restitution Reprimand Community Service Prohibition Order Intensive Support and Supervision Program Deferred Custody and Supervision Intensive Rehabilitative Custody and Supervision Personal Service Custody and Supervision Order Attendance Order Probation Youth Judicial Process Case referred to a Youth Justice Committee 9) What are the two options a youth has when making a plea? The youth may plead “guilty” or “not guilty”.

9 Police Believe The Youth Has Committed An Offence: Arrest Extrajudicial Measures Considered Extrajudicial Sanctions Considered Court Appearance: Plea Case Referred to Crown Sanction Not Completed Charges Laid Guilty Not Guilty Release Pending TrialPre Trial Detention Trial Not Guilty Sanction Completed Extrajudicial Sanctions Apology Donation To A Registered Charity Participation in a victim/youth reconciliation program. Supervision of Youth Justice Committee Member Participation In Aboriginal Cultural/ Spiritual Activities Participation in a Counselling or Intervention Program Return Property Restitution Personal Service Community Service Essay / Poster Extrajudicial Measures No Further Action Referral to Program Police Caution Police Warning Crown Caution Sentences Conditional Discharge Fine Absolute Discharge Compensation Reimburse Purchaser Restitution Reprimand Community Service Prohibition Order Intensive Support and Supervision Program Deferred Custody and Supervision Intensive Rehabilitative Custody and Supervision Personal Service Custody and Supervision Order Attendance Order Probation Youth Judicial Process Case referred to a Youth Justice Committee 10) If the youth pleads “not guilty” what happens to their case? If there is sufficient evidence against them, the case will proceed to trial. If they are found guilty they will be sentenced. If they are found innocent, the charges are dropped and the youth is released.

10 Police Believe The Youth Has Committed An Offence: Arrest Extrajudicial Measures Considered Extrajudicial Sanctions Considered Court Appearance: Plea Case Referred to Crown Sanction Not Completed Charges Laid Guilty Not Guilty Release Pending TrialPre Trial Detention Trial Not Guilty Sanction Completed Extrajudicial Sanctions Apology Donation To A Registered Charity Participation in a victim/youth reconciliation program. Supervision of Youth Justice Committee Member Participation In Aboriginal Cultural/ Spiritual Activities Participation in a Counselling or Intervention Program Return Property Restitution Personal Service Community Service Essay / Poster Extrajudicial Measures No Further Action Referral to Program Police Caution Police Warning Crown Caution Sentences Conditional Discharge Fine Absolute Discharge Compensation Reimburse Purchaser Restitution Reprimand Community Service Prohibition Order Intensive Support and Supervision Program Deferred Custody and Supervision Intensive Rehabilitative Custody and Supervision Personal Service Custody and Supervision Order Attendance Order Probation Youth Judicial Process Case referred to a Youth Justice Committee 11) If the youth pleads “guilty” or is found guilty in a trial what happens to their case? The youth receives a sentence.

11 Police Believe The Youth Has Committed An Offence: Arrest Extrajudicial Measures Considered Extrajudicial Sanctions Considered Court Appearance: Plea Case Referred to Crown Sanction Not Completed Charges Laid Guilty Not Guilty Release Pending TrialPre Trial Detention Trial Not Guilty Sanction Completed Extrajudicial Sanctions Apology Donation To A Registered Charity Participation in a victim/youth reconciliation program. Supervision of Youth Justice Committee Member Participation In Aboriginal Cultural/ Spiritual Activities Participation in a Counselling or Intervention Program Return Property Restitution Personal Service Community Service Essay / Poster Extrajudicial Measures No Further Action Referral to Program Police Caution Police Warning Crown Caution Sentences Conditional Discharge Fine Absolute Discharge Compensation Reimburse Purchaser Restitution Reprimand Community Service Intensive Support and Supervision Program Secure Custody Intensive Rehabilitative Custody and Supervision Personal Service Open Custody Probation Youth Judicial Process Case referred to a Youth Justice Committee Youth Sentencing Options Principles of the Youth Criminal Justice Act: Hold offenders accountable Consider victims needs and concerns Impose appropriate sanction Rehabilitation Reintegration Protect society

12 Police Believe The Youth Has Committed An Offence: Arrest Extrajudicial Measures Considered Extrajudicial Sanctions Considered Court Appearance: Plea Case Referred to Crown Sanction Not Completed Charges Laid Guilty Not Guilty Release Pending TrialPre Trial Detention Trial Not Guilty Sanction Completed Extrajudicial Sanctions Apology Donation To A Registered Charity Participation in a victim/youth reconciliation program. Supervision of Youth Justice Committee Member Participation In Aboriginal Cultural/ Spiritual Activities Participation in a Counselling or Intervention Program Return Property Restitution Personal Service Community Service Essay / Poster Extrajudicial Measures No Further Action Referral to Program Police Caution Police Warning Crown Caution Sentences Conditional Discharge Fine Absolute Discharge Compensation Reimburse Purchaser Restitution Reprimand Community Service Intensive Support and Supervision Program Secure Custody Intensive Rehabilitative Custody and Supervision Personal Service Open Custody Probation Youth Judicial Process Case referred to a Youth Justice Committee #401, 10010 105 Street Edmonton, AB T5J 1C4 (780) 428-7590 http://www.johnhoward.org

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