1. Chapter 10

2. Youth Criminal Justice
Juvenile Delinquents Act
Young Offenders Act
Youth Criminal Justice Act
Date
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

4. 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

5. 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.

6. 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.

7. 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.

8. 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 year old convicted of a serious crime)
If the youth is considered dangerous at large they name and picture may be published

9. 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

10. 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

11. 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

12. 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