A pre-sentencing report is conducted by a government employee who interviews the youth and any significant influences including family members, peers and other important persons who may contribute to their report. "Youth Criminal Justice Act Explained: Youth Sentencing". Department of Justice Canada. [46][47] According to section 146 (2) (b) of the Act, Young persons under the age of 18 must have their rights explained by the officer in a language appropriate to their age and level of understanding. [18] Extrajudicial sanctions examples include restitution or compensation, service to the victim or community, attendance and participating in counselling and treatment programs, etc.[19]. Department of Justice. The sentencing judge will also endeavour to impose a sentence that encourages the youth to take responsibility for the consequences of their actions. [11] If a warning, caution, or referral is not appropriate, an extrajudicial sanction may be considered as well. [58] Section 39 (1) (a) specifically places restrictions on the use of custodial sentences for non-violence offences[78] unless the offender has a history of failing to comply with noncustodial sentences, has an extensive pattern of non-violent offending, or other exceptional circumstances. The Youth Justice Court prescribes these conditions as an order so the young person will learn to be of good behaviour and appear before the youth justice court when required to do so. [82], The above entails that even though a 'serious offence' was committed by a youth, it does not automatically equate to time in custody. Retrieved July 23, 2009. Restitution of property is a noncustodial sentencing option. "The Youth Criminal Justice Act: New Directions and Implementation Issues". Retrieved July 22, 2009. [128][130], The overall goal of attendance programs is to supervise young persons at times when they may be more prone to commit crimes, such as when left unattended by parents. 2008. Minaker, Joanne and Hogeveen, Bryan. Department of Justice Canada, 2008. (1992). Markham: LexisNexis Canada. If the police decide to refer the case to the courts, the Crown can choose to issue a Crown caution.[10]. "Youth Criminal Justice Act, S.C. 2002, c. 1" Federation of Law Societies of Canada, Retrieved July 24, 2009. Subsection (1) (d) defines one of these criteria and states that custodial sentences may be used in those exceptional cases where the youth has committed an indictable offense. [148] Offenders found guilty of 2nd Degree Murder will get a 7-year maximum sentence including a maximum custody period of 4 years and a period of conditional supervision in the community. These conditions will include reporting to the provincial director, attending school and/or working, not possessing weapons, abiding by curfews, reporting information changes and others. [75] Pre-trial detention is not meant to be punitive, but research found negative outcomes associated with it as well, such as depravity[clarification needed] of freedom and seclusion from the outside world. Bala, N. 2003. (1999). Minaker, Joanne, and Bryan Hogeveen. 2008. This principle addresses the unfair disparity of youth sentences, by stating that sentence should be similar, not necessarily the same[94] Allowing such individualization makes the sentence meaningful for the youth involved and points at any rehabilitative needs required by the young offender. [104] An absolute discharge, under section 42(2)(b), in accordance with 82(2), constitutes a termination of the sentence of a young person in respect of an offence in which a young person is found guilty. Extrajudicial sanctions can only be used if: Extrajudicial sanctions cannot be used if: Section 18(1)[28] of the Youth Justice Committees (YJCs) help in the administering of the Act by devolving power to the community. Other extrajudicial measures are not suitable: informal warning, police caution, Crown caution or referral to community program(s); The program suggested is allowed by the government of that jurisdiction; The program is appropriate, considering the young person's needs and the interests of society; The young person has made an informed consent to participate (the young person must know about the sanction, must be given the right to. Before accepting a plea, the court must, The young person has right to counsel upon arrest or detention, before a voluntary statement, during consideration of extrajudicial sanctions, and at a hearing. Under Section 5 of the Act, objectives of these measures are to: These objectives are specially designed so that a wide range of diversionary options are available to achieve an array of objectives and it is important to take into consideration many factors when deciding on a fair response to the offence. (December 13, 2008). [123] Orders may range from being supervised by the provincial director; remain within the territorial jurisdiction of one or more courts; attending school; or having to reside at a place specified by the provincial director. (December 13, 2008). "Youth Sentencing Options" Department of Justice Canada, Retrieved July 24, 2009n. (2) "If any of 39(1)(a) to (c) apply, a youth justice court shall not impose a custodial sentence under section 42 unless the court has considered all alternatives to custody raised at the sentencing hearing that are reasonable in the circumstances, and determined that there is not a reasonable alternative, or combination of alternatives, that is in accordance with the purpose and principles set out in section 38.[82]. The Youth Criminal Justice Act sets out the principles, procedural rules and sentences in criminal proceedings under the Criminal Code, or other federal laws, that apply to young persons aged 12 to 17 at the time of the offence. In the staff lawyer system, the service is provided by lawyers that are employed directly by the legal aid plan. Retrieved July 26, 2009, Bala, Nicholas. 2009. They are to be read as designating both males and females. 2. 2004. December 13, 2008. The principal aim of the youth justice system is to prevent offending by children and young persons. Encourage young persons to acknowledge and repair the harm caused to the victim/community. Discover Canada's Youth Criminal Justice Act. (2007). Retrieved July 27, 2009. Section 42(2)(o) of the Act establishes the length of time to be served in custody or in community supervision for cases of attempted murder, manslaughter, aggravated sexual assault. A committee's activity largely depends on volunteer efforts from its community. In a similar comparison to that of adults, the youth are encouraged to obtain legal counsel. (2002). Youth Sentencing options. "CanLII: Quebec: Court of Appeal". Conditions that dictate this are the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances. [56] In addition, if summons, appearance of notice or promise to appear is issued in respect of a young person, the parent must be given notice in writing in person or via mail under section 26(2). [40] However, when a young person is not represented by counsel at trial or at a hearing, the justice presiding over the case or the youth justice court may allow youth to be assisted by an adult at the request of the young person[41] For this to occur, the youth court of justice or the review board must find an adult who is deemed to be suitable in assisting the young person. Such as a review of probation orders thus providing an opportunity to make changes to conditions that can be more effective in promoting the rehabilitation and reintegration of the young person.[125]. [95] These sentencing principles are meant to be imposed in accordance to additional principles listed out in section 38 (3) which state that in determining the youth sentence, the court shall take in account: the degree of participation of subjected youth in offence, the degree of harm inflicted and intentions of offender, any reparations provided to victim or community by youth offender, any time spent in detention by youth due to offense, any other case of guilt found against the offender, and whether there is any additional aggravating or mitigating information against the offender that might influence the sentence read otherwise.[96]. [54], Under the Act, in case of the arrest or detention of a young person, the officer in charge must give notice to a parent either orally or in writing as soon as they possibly can under section 26(1). 39. 2002. " This sentence is intended to provide treatment for serious violent offenders. 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