YOUNG OFFENDERS
In Canada, youth are charged under the Criminal Code of Canada. However, the law recognizes that although youth must be held accountable for their actions, this must be done in a manner that takes into account their greater dependency and reduced level of maturity. For those reason, there are special rules that apply to all cases involving youth, which are outlined int the Youth Criminal Justice Act.
WHAT IS THE YOUTH CRIMINAL JUSTICE ACT (YCJA)?
The Youth Criminal Justice Act, or YCJA, is the federal law that governs Canada’s youth justice system. It applies to Canadian youth aged 12 to 17 who get into trouble with the law. In certain situations, depending on the seriousness of the allegations, a young person may be sentenced as an adult and sent to an adult correctional facility.
WHAT ARE THE DIFFERENT TYPES OF SENTENCES AVAILABLE TO A YOUNG PERSON IN CANADA?
The YCJA encourages the use of extrajudicial measures (non-court responses) in appropriate cases. Extrajudicial measures holds a young person accountable without proceeding through the formal court process.
The most formal type of extrajudicial measure is an extrajudicial sanction. These sanctions, such as volunteer work, compensating (or paying back) the victim, or attending a specialized program, can be used where the young person takes responsibility for the offence. If a young person’s case is not resolved through extrajudicial measures, it will be dealt with in youth court.
Youth sentences can include both community-based sentences — where the youth serves his or her sentence in the community, and custody and supervision sentences, which include both a period of time in a youth custody facility and a period of community supervision. The maximum length of youth sentences ranges from two to ten years, depending on the offence committed and the type of sentence imposed.
While in most cases judges impose one of the youth sentencing options in the YCJA, the Act does allow judges to impose an adult sentence on a youth who is found guilty of a serious offence and was 14 years of age or older when the crime was committed.
If you are a youth facing criminal charges, or you know a youth who might be in criminal trouble, call us today to discuss your options with a qualified criminal defence lawyer.