The Act governs the application of criminal and correctional law to those 12 years old or older, but younger than 18 at the time of committing the offence (Section 2 of the YCJA).
[1] Paragraph (b) incorporates a recognition that young people need to be held accountable for their crimes, and have a greater opportunity to be rehabilitated and reintegrated into society.
[3] The criminal justice system for young persons must be separate from that of adults and emphasize the following:[1] Paragraph (c) is meant to reflect social values while taking into account each individual's unique situation.
[6] It outlines the parameters within which the measures taken against a youth offender are set: Paragraph (d) describes the special considerations for criminal proceedings against young persons.
[19] Extrajudicial sanctions examples include restitution or compensation, service to the victim or community, attendance and participating in counselling and treatment programs, etc.
Reporting to the federal and provincial governments on whether protective measures of the act are followed c. Advising the federal and provincial governments on policies and procedures related to the youth criminal justice system d. Informing the public in respect of the YCJA and the youth criminal justice system; e. Setting up conferences f. Any other task assigned by The Attorney General of Canada or a provincial minister Operating under the paradigm of restorative justice,[30] YJCs aim to "strike the right balance between accountability and community intervention"[31] YJCs are used extensively in Manitoba, Alberta and New Brunswick.
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.
The youth justice court or review board is more specifically required to provide a reasonable opportunity to obtain such counsel and this act is viewed as a mandated judicial measure.
[citation needed] Section 110 of the Act outlines privacy in relation to the identity of young offenders, access to their criminal records, and disclosure of their personal or trial information.
[65] Communicating information about youth offenders through disclosure is a criminal offence[69] Under the Act, prior to conviction, detention is prohibited and deemed unnecessary.
[71] 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.
'2006 OJ 112' (Citation is wrong) where the Court asserted that a separate youth sentencing process is fundamental to Canadian societal notions of justice.
/ C.D.K[2005 SCC 78], the Supreme Court of Canada confirmed that youths will receive the most favourable interpretation available of the Act's sentencing provisions .
Diversion refers to the broad range of non-criminal sanctions, including community service that if satisfactorily completed by the youth, the subject charge is withdrawn.
[73] The purpose of this section is to provide specific guidance to judges who are considering imposing a custodial sentence with the principal focus of reducing Canada's "over-reliance on the incarceration of non-violent young persons".
For an example, a custodial sentence should not be imposed to achieve rehabilitation purposes or to tackle such social circumstances such as lack of housing or an abusive home environment.
This report is a historical outline which may include information regarding the youth's family background, school history, attitude toward their offence, willingness to engage in available community services, interview with the victim and potentially a suggestive sentence.
Under the Youth Criminal Justice Act punishments are not only limited to jail imprisonment in addition extrajudicial measures are taken such as community services and probation.
Under the sentencing principle 38 2(d), the court is required to consider a substitute for the custody of young persons, while paying special attention to aboriginal offenders.
Sentencing Option 42 (2)(b) When a young person is found guilty, through a youth justice court, the judge may refer to section 42(2)(b) under the Act.
[58] The purpose of sentencing under the Act "is to hold a young person accountable for an offence by imposing fair sanctions with meaningful consequences.
Probation is the sentence most frequently imposed by youth justice courts in Canada, as the conditions laid out are directly related to the young offenders criminal behaviour.
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.
[126] This sentencing option is a nonresidential program that may be used as an alternative to custody and may be focused at specific high-risk times of day, such as when the youth may be unattended and unsupervised.
[127] In the absence of such programs, a youth court judge may achieve similar ends by attaching specific conditions to a probation order handed down to a young person.
[130] Sentencing Options 42(2)(o) 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.
The order will be for six months or less and must be considered a just sanction that has meaningful consequences and will promote the young offender's rehabilitation and reintegration into society and contribute to the long-term protection of the public.
[144] Other statutory considerations are that the Attorney General or a provincial director may apply to extend the length of time the young person will spend in custody.
In order for an adult sentence to be imposed, the crown must satisfy the youth court that: A young person always carries the presumption of diminished moral blameworthiness, even for serious offences like first-degree murder.
The court can make this order in specific circumstances:[158] Section 137 of the Act outlines the definitions and consequences of failing to comply with a sentence or disposition, in other words, a breach of probation.