The Youth Criminal
Justice Act
Outcomes:
Students will be expected to investigate and assess how
criminal law affects young people.
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identify the important differences between the Youth Criminal
Justice Act and its two predecessors, the Young Offenders Act and
the Juvenile Delinquents Act
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analyze the Youth Criminal Justice Act and the impact it has on
young people and the country as a whole
•
assess the sentencing provisions of these acts in relation to the
different sentencing objectives stated in the Criminal Code of
Canada
•
investigate other areas of criminal law that affect young people who
are not covered by the Youth Criminal Justice Act
1908 Juvenile Delinquents Act (JDA)
(Claimed to be one of the first “Child-Centered pieces of legislation.”)
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Established a separate justice system for youth (separate courts).
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Granting youth court judges a “parens patriae” or pseudo-parental role.
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Sentencing should focus on rehabilitation, not on dispensing punishment
based on the seriousness of the offence.
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Minimum age to charge a child with a criminal offence = 7
• Children under 12 could only be
committed to an institution if no other
option was available.
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Established a Juvenile Court
Committee.
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Increased sentencing options for judges.
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Encouraged parental involvement in the process.
A mother with her three children at a meeting of a
Juvenile Delinquency Board.
• The Youth Criminal
Justice Act replaced the
Young Offenders Act of
1984. The
• Made distinctions
between violent and nonviolent offences,
• encourages out-of court
measures and gives
direction for their
appropriate use.
• was passed by the government
on February 2002 and was
implemented April 1, 2003 and
promotes “accountability and
meaningful consequences
proportionate to the
seriousness of the offence for
youth, aged 12 - 17 suspected,
charged with, accused or
convicted of a criminal
offence.”
The YCJA treats youth differently from
adults because of their level of dependency,
maturity and development.
3 principles of the YCJA that promote long term protection of the public.
1. Prevent crime by addressing the circumstances
underlying a young person’s behaviour
2. Rehabilitate and reintegrate young people who
commit offences into society
3. Ensure that a young person is subject to
meaningful consequences for his or her offence
YCJA Crime Quiz
• Test your understanding:
– With a partner discuss the questions and
answer them based on what you already
know.
Answers
1. No, it is decreasing.
From 1991 to 2006
youth crime
decreased 49% in
BC. Youth crime is
going down across
Canada, in both
rural and urban
neighbourhoods.
2. 25% and 80% of those were assaults,
for example, hitting someone.
3.
The law says children under 12 years old can’t be
charged and taken to criminal court. He or she can
be treated through the mental health system or
receive protection from a child protection agency.
If the police catch a child younger than 12 doing
something wrong, they will take the child home
and tell the parents, refer the child to the Ministry
of Children and Families or ensure the child gets
treatment from a mental health facility. The parents
may get other help at the school or in the
community.
4. Young people are adults at 18. There is
a special law for youth age 12 to 17. It
is called the Youth Criminal Justice
Act (YCJA).
5. More are 16-to 17-years old.
In 2009-2010:
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32% were 17
26% were 16
20% were 15
12%were 14
6% were 13
2% were 12.
6. No. Young people are sent to a special
youth jail for serious crimes when it is
necessary to protect the public. Some
youth are sent to live in special places,
for example a group home run by the
government. Others may get help from
local community groups.
7.
The sentence should depend on the seriousness of the crime.
It should prevent future crimes as well as repairing the harm
the young person did. It may include probation with
conditions, repayment, community service, or attendance in
programs. For example, a young person may have to
apologize to the victim and pay (with money or work) for
damage she did. Sometimes a young person has to pay a fine
or do some volunteer work in the community. She may be on
probation and have to follow some special rules like living in
a specified place, going to school, staying at home in the
evening or staying away from certain places or certain
people. She may have to attend a special program, for
example, a program to teach anger control.
8. Most young people can grow up and
change while staying at home with
their families. Programs in the
community are usually the most
successful way to help them. Young
people are different from adults—they
have different problems and different
needs.
9. Yes, but only for serious crimes like
murder, and only if the young person
is over 14.A judge must agree an adult
sentence is necessary.
10. Common examples are assaults,
breaking and entering, possession of
or selling drugs, stealing cars, and
shoplifting.
11.
a) If the police stop or arrest a young person they have to tell
him or her why.
b) The young person can talk to a lawyer and parent (or
adult) before talking to police.
c) The young person is considered innocent until s/he goes
to court and a judge decides the person is guilty.
d) The Crown counsel has to prove in court that the young
person is guilty.A victim impact statement is used at the time
of sentencing, and is given to the judge to review. In this way
the victim has a very real voice in describing how the crime
has impacted their life. Also, the victim has a right to know
what charges have been approved, when and where the next
court appearance is, what the conditions of release are and
what is the final disposition of the case. In addition, under
the YCJA, the victim will have access to the name of the
young offender in certain cases. And finally, the victim can
play a role in determining the consequences for the crime,
such an apology, restitution, or compensation.
Sentencing
Under the old Young Offenders Act (the Act that was in place before \
the new Act):
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For 8 of the 9 most common crimes in youth court, youth got longer periods
of custody than adults who got custody for the same crime.
•
Youth generally spent more time in custody than adults with similar
sentences due to the terms for an adult conditional release.
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Eighty percent of custodial sentences for youth were for non-violent
offences.
•
Almost half of youth sentenced to custody were given custody because they
failed to comply with a disposition order, or settlement. They were brought
back to court on a breach. A breach is when a youth fails to obey what has
been ordered in court. For instance, the youth may have a curfew or an
order not to drink, but is caught past his or her curfew or caught drinking.
Sentencing Principles NOW:
Sentences should:
• Not be more severe than what an adult would get for the same crime
• Be similar to youth sentences given in similar youth cases
• Be in line with the seriousness of the crime and the degree of your responsibility for
the crime
• Consider:
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The degree of participation
The harm done to the victim
Whether the harm was intentional or reasonably foreseeable
Previous findings of guilt
Any other aggravating or lessening circumstances
Be within the limits of proportionality. This means that the sentence needs to be "in
line" with the seriousness of the offence and the degree of responsibility youth had in
doing the offence
Be the least restrictive alternative
Be the sentencing option that is most likely to rehabilitate and reintegrate youth
Give youth a sense of responsibility and an acknowledgement of the harm done by
the crime
Types of Youth Sentences
• Judicial reprimand: Youth get a stern lecture from the judge in a
minor case where being apprehended, taken to court, and
reprimanded is enough to hold the young offender accountable for
his or her crime.
• Absolute discharge: Even though you are guilty, there is no finding
of guilt registered against you. The discharge is removed from your
record after one year.
• Conditional discharge: Youth will have to follow certain conditions. If
youth do so, their discharge becomes absolute. If they do not follow
the conditions, they can be brought back to court for a tougher
sentence. This is removed from their youth record after three years.
• Fine: This can be ordered for up to $1000. The judge thinks about
how much money the young offender has and the time s/he might
need to pay when ordering this sentence.
• Restitution: If a young offender took something from someone and
s/he still has it, s/he can be ordered to return it.
• Compensation: Youth may be ordered to pay the victim of their crime
for his or her loss, such as:
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The cost of repairs
The cost of replacing the goods
Medical bills
Lost wages if the victim is unable to work
Youth could also be ordered to pay a third party.
• Community service: The judge thinks about the young offender’s
time and abilities. The judge can order work in the community. Youth
are not paid for this work. The order tells how many hours the young
offender must do and how long s/he has to complete them. Youth
can get up to 240 hours of community service with 1 year to
complete them.
• Probation: The judge orders youth to follow certain conditions and to
report to a probation officer regularly. The officer's job is to watch the
young offender’s behaviour so that s/he can get help if s/he needs it.
If the rules in the probation order are not followed, the young
offender may go back to court for a tougher sentence. The longest
time for probation is two years.
• Attendance at a program: The judge can order youth to go to a
program at a certain time and on conditions set by the judge. This
kind of non-residential program must be approved by the provincial
director and can be suited to address the case. For example, it could
focus on days and times when the young offender is unsupervised
and tends to break the law.
• Intensive Support and Supervision Program: Youth may be watched
closely and get more support than under a probation order. This
helps youth to change their behaviour.
• Intermittent custody: If youth are sentenced to custody for less than
90 days, they may be able to serve it intermittently (not all in a row).
For example, youth may serve their sentence on weekends so that
they can go to school during the week.
• Deferred custody and supervision order: This allows youth to serve
their sentence in the community under conditions, instead of being
placed in a youth correctional facility. If the young offender breaks
the conditions, s/he will be kept in custody. This sentence is not
available if s/he has been found guilty of a serious violent crime.
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Custody and supervision: Youth time in custody must be followed by a
period of supervision and support in the community. About one-third of the
youth sentence will be served under supervision in the community. The
custody part of the sentence will be served under the care and control of
Youth Corrections. "Closed custody" means youth are being held in jail.
"Open custody" means youth are in jail with fewer restrictions and
conditions.
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Concurrent sentences: This means that if youth have more than one finding
of guilt, the judge can order that each sentence is completed at the same
time.
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Consecutive sentences: This means that if youth have more than one
finding of guilt, the judge can order that each sentence is served one after
the other. A consecutive sentence means that youth are in custody longer or
on probation longer than with a concurrent sentence.
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Intensive rehabilitation custody and supervision: This is a special sentence
for a serious violent offender. The judge can make this sentence if:
– Youth are found guilty of one of the presumptive crimes such as murder
– Youth are suffering from a mental or psychological disorder or an
emotional disturbance
– An individualized treatment plan is developed for the young offender and
there is a good program to which s/he is suitable for admission
When Are Adult Sentences Used
for Youth?
• murder, attempted murder,
manslaughter or sexual
aggravated assault are
presumed to receive an adult
sentence unless the youth can
persuade the court that a youth
sentence will hold the youth
accountable.
• The Crown may seek an adult
sentence if the youth is 14 and
if the offence is the youth's
third serious violent offence or
one which an adult could
receive more than 2 years.
YCJA Conferences
• A YCJA conference is when a group of people get
together to talk about the young offender’s case and
what can be done to help the young offender. The
people there are responsible for the youth and generally,
they know the youth. The conference gives advice to the
people who decide on what should happen to the youth.
(Section 19 of the YCJA).
Types of YCJA Conferences
Conferences are informal.
• They can be:
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Family group conferences
Community members
Sentencing or healing circles
Multi-disciplinary (probation, judges and lawyers and
teachers)
– Integrated case management conferences
What Happens in a Conference?
Conferences can provide:
– A wide range of ideas on the case
– More creative solutions
– Better coordination of services between
justice partners
– More involvement of the victim(s) and other
community members
– Conferences can be restorative. Solutions
may focus on fixing the harm done to the
victim(s) of the crime.
Does the YCJA Recognize the
Rights of the Victim?
Yes.
YCJA clearly recognizes the interest and
needs of victims to be involved at different
stages of the youth justice process.
Section 3 says that "Victims should be
treated with courtesy, compassion and
respect for their dignity and privacy." YCJA
Sections 3(d) (ii) and (iii), 12, 42, 53, 111,
119.
What Does YCJA say About
Victims of Youth Crime?
A victim should:
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Be told about the proceedings
Have a chance to take part in the proceedings
Be heard
Have a chance to take part in community-based
measures
– Get information about what is being done for the
offender that does not involve going to court
– Be able to give a victim impact statement (a written
report about how the crime affected the victim) at the
time of sentencing
– Be able to ask for access to the record of the youth
who committed the crime
Textbook: Pages
• pp. 306-314 (Questions 1, 2, 3, 4, 6)