Who is a young offender?
- anyone between 12-17 who commits a crime
- under 12: NOT a criminal… they don’t have the mental capacity to form intent
Goal of Youth Criminal Justice Act
- promote accountability/responsibility
- provide long-term solutions for youth & reinforce good social values
- speed up process & make it more flexible
- protect public safety while respecting youth’s human rights
At what age can youth be tried as an adult?
14 or older
Extrajudical Sanctions
- programs to teach youth about their mistakes -> rehabilitation is goal
- apologies to victims, work to compensate victims, community service, counselling, rehab
Arrest and Detention of Youth
- charter rights apply for serious offenders
- can have parent/adult present during questioning
- parents must be informed of detention and can be forced to be present in court
Bail for Youth
- often involve curfew
- generally released to custody of parents
- can be on house arrest or wear electronic monitoring device
Youth Records
- only used for adult bail hearings/sentences
- destroyed 5 years after summary offenses or 5 years after penalty has been served for indictable
- if youth receives adult sentence, they’ll have adult record
Trail Procedures for Youth
- at family court or youth justice court
- no jury, just judge
- media and public can attend (can be reported on, but names cannot be disclosed unless tried as an adult)
Transfer to Adult Court/Transfer Hearing
- only for youth over 14 with a crime that carries a sentence of 2+ years
- Transfer Hearing: decides if case will be moved to adult court. Parents, witnesses, and groups are allowed to give opinion about its pros and cons
Sentencing for Youth
- needs/circumstances of youth, needs/circumstances of victim, and safety of public taken into account
- judge reviews pre-sentence report to get info on youth
- sentence based on rehabilitation and re-integration into society
Absolute Discharge (Youth)
- first time offence, no public safety issues
- they’re guilty, but no formal action will be taken
Fine (Youth)
- summary offenses (ie. trespass/property damage)
- fine can be up to $1000 and ability for youth to pay it is considered
Compensation (Youth)
- summary offences
- youth pays monetary repayment to replace property damage/loss of wages to victim
Community/Personal Service (Youth)
youth works for victim (must agree with decision) or in the community if they can’t pay the fine or replace property
Probation (Youth)
limits youth’s freedom by having them supervised by a probation officer for up to 2 years
Custody (Youth)
- most serious choice for judge
- open custody: foster care, group homes, etc.
- secure custody: prison
- only for youth who are dangerous to society or if other sentences haven’t worked
